HomeMy WebLinkAbout2011-07-19-Meeting AgendaCommissionMeetingAgenda
CommissionChamber
7/19/2011
5:00PM
INVOCATION:ReverendWillieJames,Pastor,FirstShilohBaptis tChurch
PLEDGEOFALLEGIANCETOTHEFLAGOFTHEUNITEDSTAT ESOFAMERICA.
Five(5)minutetimelimitperdelegation
DELEGATIONS
A.JillPeterson/LillieRobinson.Re:Relocationofthebaseballstadium.Attachments
B.Messrs. Keven Mack/Mark Senn.RE:Bid Item 11-111 Real Estate
BrokerageServicesfortheCityofAugusta (agendaitemno.35).
Attachments
C.RichmondCountyBoardofHealth.RE:ComprehensiveNoSmoking
OrdinanceinRichmondCounty.
Attachments
CONSENTAGENDA
(Items1-22)
PLANNING
1.Arequest forconcurrence with the AugustaPlanning Commission to
deferuntiltheAugust1,2011,apetitiontoamendthe Ordinancefor
Augusta,Georgia.Thenatureofthesechangesaren otsubstantivenor
regulatory, but rather editorial to bring various s ections of the
Ordinancesintoconformancewiththecorrectnameo fAugusta,Georgia,
toreassignresponsibilityandauthorityasaresul tofthereorganization
ofAugusta’sgovernmenttothecurrentdepartmentsandpositio ns,and
for other purposes.The ordinances in question are as
follows:Comprehensive Zoning Ordinance,Land Subd ivision
Attachments
Regulations, Site Plan Regulations, Stormwater Mana gement
Ordinance,Tree Ordinance, Flood Damage Prevention O rdinance,
Grading Ordinance, Soil Erosion and Sediment Contro l Ordinance,
Groundwater Recharge Area Protection Ordinance, Wat er Supply and
WatershedOrdinanceHistoricPreservationOrdinance .
2.FINALPLAT–DUNNINGTON, SECTION1-B–S-799-1-B –A
petition by H &C Surveying Inc., on behalf of Dunn ington
Development,requestingfinalplatapprovalforDun nington,Section1-
B.This residential townhome development is located off Boy Scout
Roadandcontains28lots.
Attachments
3.Z-11-28–A request for concurrence with the Augusta Planning
Commission to approve a petition by Stan Perhonish, on behalf of
PhilippeErramuzpe,requestinga SpecialException forasalesofficein
aresidentialsubdivision(SpringCreekVillage)pe rSection8-2(f)ofthe
Comprehensive Zoning Ordinance for Augusta, Georgia affecting
propertycontainingapproximately28acresandisc urrentlyknownas
2993and3031WillisForemanRoad.(TaxMap150-0-12-08-0&151-
0-021-04-0)DISTRICT8
Attachments
4.Z-11-29–A request for concurrence with the Augusta Planning
Commissionto approveapetitionbyWilsonParkerHomesrequestinga
SpecialException forasalesofficeinaresidentialsubdivision(T he
Orchards)perSection8-2(f)oftheComprehensiveZoningOrdinance
for Augusta, Georgia affecting property containing .42 acres and is
known as 2201 Sunny Day Drive . (Tax Map 196-1-023-00-0)
DISTRICT8
Attachments
5.Z-11-30–A request for concurrence with the Augusta Planning
Commissionto approveapetitionbyWilsonParkerHomesrequestinga
Special Exception for a sales office in a residential subdivision
(ElderberrySection3)perSection8-2(f)oftheComprehensiveZoning
OrdinanceforAugusta,Georgiaaffectingproperty containing.46acres
isknownas 4802AppleCourt .(TaxMap066-4-114-00-0)DISTRICT
3
Attachments
6.Z-11-32–A request for concurrence with the Augusta Planning
Commissionto approveapetitionbyLauraGreen,onbehalfofYupac
Attachments
Mill,LLC,requestingachangeofzoningfrom ZoneP-1 (Professional)
to Zone B-1 (Neighborhood Business)affecting property containing
approximately.29acresandisknownas2006Lumpki nRoad.(TaxMap
110-2-075-00-0)DISTRICT6
7.ZA-R-208– A request for concurrence with the Augusta Planning
Commissionto approveapetitiontoamendSection2(Definitions)of
theComprehensiveZoningOrdinanceforAugusta,Geo rgiabyaddinga
definitionforalcoholdrinkingestablishmentsorn ightclubs.
Attachments
8.ZA-R-209–A request for concurrence with the Augusta Planning
Commission to approvea petition to amend Section 22 (General
Business)oftheComprehensiveZoningOrdinanceforAugusta,Georgia
thereby conforming with changes that were made to S ection 21
(Neighborhood Business)relative to permitting cafes, restaurants,
tavernsanddrinkingestablishmentsaspermittedus es.
Attachments
PUBLICSERVICES
9.Motionto approveAirport Resolution2011-02namingtheExecutive
DirectorandtheFinanceDirectorasauthorizedage ntsfortheAviation
Commission's Morgan Stanley Smith Barney Account.The Augusta
AviationCommissionapprovedtheratificationofRe solution2011-02.
(ApprovedbyPublicServicesCommitteeJuly11,201 1)
Attachments
10.Motionto approve NewownershipApplication:A.N.11-28:request
by Urvesh Patel for a retail package Liquorlicense to be used in
connectionwithNesha&Bansi,Inc.DBAH&SWine &Spiritslocated
at545SandBarFerryRd.District1.SuperDistric t9.(Approvedby
PublicServicesCommitteeJuly11,2011)
Attachments
11.Motion to approve the Sec. 5307 Augusta Public Transit grant
application between the Federal Transit Administrat ion (FTA) and
Augusta,Georgia.(ApprovedbyPublicServicesCommitteeJuly11,
2011)
Attachments
12.Motion to approvethe Sec. 5307 Augusta Public Transit grant
application between the Federal Transit Administrat ion (FTA) and
Attachments
Augusta,Georgia.(ApprovedbyPublicServicesCommitteeJuly11,
2011)
13.Motionto approve theMorrisCommunicationsCompany,LLCLease
AmendmentasapprovedbytheAugustaAviationCommi ssionduring
theirJune30,2011meeting (ApprovedbyPublicServicesCommittee
July11,2011).
Attachments
14.Motion to approvethe lease between Augusta Regional Airport and
StandardAero Business Aviation Services, LLC as app roved by the
Augusta Aviation Commission at their June 30, 2011 meeting.
(ApprovedbyPublicServicesCommitteeJuly11,201 1)
Attachments
ADMINISTRATIVESERVICES
15.Motionto approvetheimplementationofapolicyrequiringallARC
boards, authoritiesand commissions submit an elect ronic version of
meeting minutes to the Clerk of Commission for diss emination to
membersofthecommissionexcludingthosememberso fthecommission
that may choose to opt out and post minutes on the city's website.
(ApprovedbyAdministrativeServicesCommitteeJuly 11,2011)
Attachments
16.Motiontoscheduleaworksessiontofurtherdiscus sdevelopingareport
andrecommendationforanorganizationalstructure andjobdescriptions
forEqualEmploymentOpportunityandMinorityandS mallBusiness
Opportunity consistent with the Charter.(Disapproved by the
AdministrativeServicesCommitteeJuly11,2011)
Attachments
ENGINEERINGSERVICES
17.Motionto authorizeamendmenttoexistingengineeringcontractwith
Zimmerman,EvansandLeopoldtoprovideengineering servicesforthe
GoodrichSt.RawWaterPumpingStationRehabilitati onofTurbineUnit
#1intheamountof$49,987.61.(ApprovedbyEngineeringServices
CommitteeJuly11,2011)
Attachments
18.Motionto approveawardofConstructionContracttoSitec,LLCinth e
amount of $39,714.50 for the Goshen Lake Drive Sout h Drainage
Attachments
Management Project, Capital Project Budget 324-0411 10-201824041,
subjecttoreceiptofsignedcontractsandproperb ondsasrequestedby
AED.Funding is available in the project account.(Approved by
EngineeringServicesCommitteeJuly11,2011)
19.Motion to approveand authorize Augusta Engineering Department
(AED) to proceed with the process to enter into a M emorandum of
Agreement(MOA)withtheBriarCreekWaterConserva tionDistrictand
the Georgia Soil and Water Conservation Commission (GSWCC) to
reviewtheerosionandsedimentationcontrolplans bytheAED.Also
authorizeAugustaGeorgiaMayortosignandexecute theMOAupon
completion of the process.(Approved by Engineering Services
CommitteeJuly11,2011)
Attachments
20.Motionto authorizecondemnationtoacquiretitleofpropertyforrigh t
ofwayfortheYoungbloodLanePavingProject(Pavi ngVariousRoads,
PhIX)-TaxMap252,Parcel015;2085YoungbloodL ane.(Approved
byEngineeringServicesCommitteeJuly11,2011)
Attachments
21.Motionto approveCapitalProjectBudget324-041110-201824333and
SupplementalAgreementNumberTwoforCranstonEngi neeringGroup,
PC,intheamountof$40,925.00toprovideaddition alconceptforthe
WrightsboroRoadWidening,PhaseIproject.Funding isavailableinthe
projectengineeringaccountfortheEngineeringDep artment.(Approved
byEngineeringServicesCommitteeJuly11,2011)
Attachments
PETITIONSANDCOMMUNICATIONS
22.Motion to approvethe minutes of the regular meeting of the
Commissionheld June30,2011and LegalMeetingheld July11,2011 .
Attachments
****ENDCONSENTAGENDA****
AUGUSTACOMMISSION
7/19/2011
AUGUSTACOMMISSION
REGULARAGENDA
7/19/2011
(Items23-37)
PLANNING
23.Z-11-31–A request for concurrence with the Augusta Planning
Commissionto denyapetitionbyDr.AyudeleAyedun,M.D.,onbehalf
ofEarlWilliams,requestinga SpecialException toestablisha Family
PersonalCareHome perSection26-1(H)oftheComprehensiveZoning
OrdinanceforAugusta,Georgiaaffectingpropertyc ontaining.35acres
and is known as 3316 Thames Place . (Tax Map 142-4-157-00-0)
DISTRICT4
Attachments
PUBLICSERVICES
24.Motion to approve Choate Construction Company Contract and
theGuaranteed Maximum Price (GMP) to Construct Fix ed Based
Operation as approved by the Augusta Aviation Commi ssion at their
June 30, 2011 meeting.(No recommendation from Public Services
CommitteeJuly11,2011)
Attachments
25.Updateonnegotiationsregardingoptionsforfuture operationofAugusta
Municipal Golf Course. (No recommendation from Public Services
CommitteeJuly11,2011)
Attachments
ADMINISTRATIVESERVICES
26.AnOrdinancetoamendtheAugusta,GA.CodeTitleE ightChapterOne
ArticleOneSections8-1-5through8-1-9relatingtotheCreationand
DutiesofthePlanningandDevelopmentDepartment;torepealallCode
SectionsandOrdinancesandpartofCodeSectionsa ndOrdinancesin
conflictherewith;toprovideaneffectivedateand forotherpurposes.
(NorecommendationfromAdministrativeServicesCom mitteeJuly
11,2011)
Attachments
PUBLICSAFETY
27.ApproveCapacityAgreementforFY2012forstateinm atesbeinghoused
intheRichmondCountyCorrectionalInstitution.
Attachments
28.MotiontoapproveFiscalYear2012CountyCapacity Agreementwith
theGeorgiaDepartmentofCorrectionsrelativetoS tateinmatesbeing
housedinRCCI,andtoauthorizetheMayorandCler kofCommissionto
executesuchdocumentsasnecessarytoconsummatet hetransaction,all
informasapprovedbycounselforAugusta.
Attachments
29.Motion to approvean Ordinance to Amend the Augusta, GA Code
creatingTitleTwoChapterTwoArticleSixSection 2-2-57Relatingto
Imposinga9-1-1ChargeonPrepaidWirelessService;ToRepealAll
Code Sections and Ordinances in Conflict Herewith;To Provide an
EffectiveDateandforOtherPurposes.
Attachments
FINANCE
30.Approvethereplacementof6publicsafetyautomobi lesusingSalesTax
FundsasapprovedintheSalesTaxReferendumforP haseVI.
Attachments
31.Approve request from the Finance Department-Fleet Management
Divisiontopurchaseonegaragevehicleliftforth eBroadStreetService
Center.
Attachments
32.Motiontoapprove2011HearingOfficer-PaySet.(Requestedbythe
BoardofTaxAssessors)(ReferredfromJune30Com missionmeeting)
Attachments
33.MotiontoapproveaBudgetResolutionandacontrac twiththeGeorgia
DepartmentofNaturalResources(DNR)forPhase1o ftheSummerville
HistoricDistrictSurvey.
Attachments
34.Approverequestforrefundtaxyear2007forRobert J.Palagyi,Acct#
2103880,PersonalProperty(boat)intheamountof $282.80.
Attachments
ENGINEERINGSERVICES
35.Award the contract for the Bid Item 11-111, Real Estate Brokerage
Services for the City of Augusta to the Sherman and Hemstreet.(No
recommendationfromtheEngineeringServicesCommit teeJuly11,
2011)
Attachments
UpcomingMeetings
www.augustaga.gov
OTHERBUSINESS
36.ApproveattachedBudgetCalendarforFY2012.Attachments
LEGALMEETING
A.PendingandPotentialLitigation.
B.RealEstate.
C.Personnel.
37.Motion to authorizeexecution by the Mayor of the affidavit of
compliancewithGeorgia'sOpenMeetingAct.
CommissionMeetingAgenda
7/19/20115:00PM
Invocation
Department:
Caption:ReverendWillieJames,Pastor,FirstShilohBaptist Church
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 1
CommissionMeetingAgenda
7/19/20115:00PM
JillPeterson
Department:
Caption:JillPeterson/LillieRobinson.Re:Relocationofthebaseball
stadium.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 2
Attachment number 1
Page 1 of 1
Item # 2
CommissionMeetingAgenda
7/19/20115:00PM
KevenMack
Department:
Caption:Messrs.KevenMack/MarkSenn.RE:BidItem11-111 Real
EstateBrokerageServicesfortheCityofAugusta (agendaitem
no.35).
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 3
Attachment number 1
Page 1 of 4
Item # 3
Attachment number 1
Page 2 of 4
Item # 3
Attachment number 1
Page 3 of 4
Item # 3
Attachment number 1
Page 4 of 4
Item # 3
CommissionMeetingAgenda
7/19/20115:00PM
RichmndCountyBoardofHealth
Department:
Caption:RichmondCountyBoardofHealth.RE:ComprehensiveNo
SmokingOrdinanceinRichmondCounty.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 4
Attachment number 1
Page 1 of 1
Item # 4
CommissionMeetingAgenda
7/19/20115:00PM
BringSectionsofDevelopmentDocumentsintoconfor mance
Department:PlanningCommission
Caption:ArequestforconcurrencewiththeAugustaPlanning Commission
to deferuntiltheAugust1,2011,apetitiontoamendthe
OrdinanceforAugusta,Georgia.Thenatureofthese changesare
notsubstantivenorregulatory,butrathereditoria ltobringvarious
sectionsoftheOrdinancesintoconformancewithth ecorrect
nameofAugusta,Georgia,toreassignresponsibilit yandauthority
asaresultofthereorganizationofAugusta’sgove rnmenttothe
currentdepartmentsandpositions,andforotherpu rposes.The
ordinancesinquestionareasfollows:Comprehensi veZoning
Ordinance,LandSubdivisionRegulations,SitePlan Regulations,
StormwaterManagementOrdinance,TreeOrdinance,Flo od
DamagePreventionOrdinance,GradingOrdinance,Soi lErosion
andSedimentControlOrdinance,GroundwaterRecharg eArea
ProtectionOrdinance,WaterSupplyandWatershed
OrdinanceHistoricPreservationOrdinance.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 5
ClerkofCommission
Cover Memo
Item # 5
LAND SUBDIVISION REGULATIONS
FOR
AUGUSTA, GEORGIA
Development Document #3
Augusta Richmond County Planning Commission
Updated – November 2009
Attachment number 1
Page 1 of 45
Item # 5
TABLE OF CONTENTS
Page
ARTICLE I General
Section 100. Short Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 101. Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 102. Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 103. Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 104. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 105. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 106. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE II Procedure for Approval of Subdivision Plats
Section 200. Pre-Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 201. Approval of Development Plan. . . . . . . . . . . . . . . . . 9
Section 202. Approval of Final Plat. . . . . . . . . . . . . . . . . . . . . . . . 11
Section 203. Performance Guarantee .. 15
ARTICLE III Requirements for Development Plans and Final Plats
and Provisions for Inspection
Section 300. Development Plan - Size and Scale of Drawings. . . . 19
Section 301. Development Plan - To Show Overall Development . 19
Section 302 Development Plan - Data Information to be Included. 19
Section 303 Development Plan - Utilities, Drainage,
and Street Improvements . . . . . . . . . . . . . . . 24
Section 304 Pre-Construction Conference . . . . . . . . . . . . . . . . 25
Section 305. Development Plan - Inspection . . . . . . . . . . . . . . . . 25
Section 306. Final Plat - Size and Scale of Drawings . . . . . . . . . . 25
Section 307. Final Plat - Information to be Included. . . . . . . . . . . . 25
Section 308. Survey and Plat Standards. . . . . . . . . . . . . . . . . . . . 27
ARTICLE IV Design Standards
Section 400. General Standards for Streets . . . . . . . . . . . . . . . . . 31
Section 401. General Standards for Curbing. . . . . . . . . . . . . . . . . 32
Section 402. Markers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Section 403. General Standards for Drainage and Easements . . . 33
Section 404. Sidewalks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Section 405. Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Section 406. Subdivision Name. . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Attachment number 1
Page 2 of 45
Item # 5
ARTICLE V Planned Unit Development
Section 500. Conditions for Subdivision . . . . . . . . . . . . . . . . . . . 37
Section 501. Pre-Application Procedure . . . . . . . . . . . . . . . . . . . 37
Section 502. Approval of Development Plan . . . . . . . . . . . . . . . 37
Section 503. Design Standards. . . . . . . . . . . . . . . . . . . . . . . . . . 38
Section 504. Improvements Required . . . . . . . . . . . . . . . . . . . . . 38
Section 505. Compliance with Comprehensive Zoning Ordinance
and Resolution for Augusta, Georgia. . . . . . . . . . . . 38
Section 506. Final Plat and Final Approval. . . . . . . . . . . . . . . . . . 38
ARTICLE VI Miscellaneous
Section 600. Hardships and Variances . . . . . . . . . . . . . . . . . . . . 39
Section 601. Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Section 602. Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Section 603. Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Section 604. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Section 605. Effective Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Attachment number 1
Page 3 of 45
Item # 5
LAND SUBDIVISION REGULATIONS FOR
AUGUSTA, GEORGIA
AN ORDINANCE regulating the subdivision of land in Augusta, Georgia; requiring and
regulating the preparation and presentation of Development Plans and Final Plats for such
purpose; establishing minimum subdivision design standards; requiring minimum
improvements to be made or guaranteed to be made by the subdivider; setting forth the
procedure to be followed by the Planning Commission in applying these rules, Regulations,
and standards; and prescribing penalties for the violation of these rules, Regulations, and
standards; and for other purposes.
BE IT ORDAINED by the Augusta Commission, Augusta, Georgia, that::
WHEREAS, the Augusta Commission was authorized by the Home Rule Provision of the
Constitution of the State of Georgia of 1983 to: Establish planning commissions; provide for
the preparation and amendment of overall plans for the orderly growth and development of
municipalities and counties; provide for the regulation of structures on mapped streets, public
building sites, and public open spaces; repeal conflicting laws; and for other purposes; and
WHEREAS, the Planning Commission, created and organized under the terms of the
aforementioned Home Rule Provision, has made a study and analysis of the areas of Augusta,
Georgia and the said study and analysis now are complete and Land Subdivision Regulations
for the purposes described in the title of this Ordinance are now ready for adoption; and
WHEREAS, the Augusta Commission has held a public hearing on the proposed Land
Subdivision Regulations in compliance with Local Ordinances.
THEREFORE, BE IT ORDAINED by the Augusta Commission as follows:
Attachment number 1
Page 4 of 45
Item # 5
1
ARTICLE I
General
Section 100. Short Title. This Ordinance shall be known and may be cited as the "Subdivision
Regulations of Augusta, Georgia. It is included by reference in the Augusta-Richmond
County Code at Title 8, Chapter 3.
Section 101. Jurisdiction. These Regulations control the subdivision of land within Augusta,
Georgia.
Section 102. Content. These Regulations require and regulate the preparation of Development
Plans and Final Plats for the subdivision of land; establish minimum design standards for
subdivisions, streets, and improvements; set forth the procedure to be followed in applying
these Regulations; provide penalties for violation of the Regulations; and set forth other
matters pertaining to the development of land.
Section 103. Purpose. The various sections of the Ordinance are adopted for the following
purposes, among others:
A. To encourage the development of an economically sound and stable
community so as to help conserve and protect the natural, economic, and scenic
resources of Augusta, Georgia.
B. To assure the provision of required streets, utilities, and other facilities and
services to new land developments to help prevent and reduce the traffic congestion
and hazards which results from narrow or poorly aligned streets.
C. To assure the adequate provisions of safe and convenient traffic access and
circulation, both vehicular and pedestrian to help insure that all building lots will be
accessible to fire fighting equipment and other emergency service vehicles.
D. To encourage the provision of needed public open spaces and building sites
in new land developments through the dedication or reservation of land for
recreational, educational, and other public purposes.
E. To help eliminate the costly maintenance problems which develop when
streets and lots are laid out without proper consideration being given to the drainage
characteristics of the tract of land at the time the land is being subdivided into
streets and lots.
F. To expedite the proper provision of a full range of housing choice to and for
all the citizens.
Attachment number 1
Page 5 of 45
Item # 5
2
G. To help prevent the spread of urban blight and slums and to promote a safe
and healthy environment.
H. To assure adequate identification of property on the public records.
I. To encourage, in general, the wise development of the community in
harmony with the Comprehensive Plan, and for other purposes.
Section 104. Application. Within the jurisdiction of these Regulations, except as hereinafter
provided, no subdivision shall be made, platted, or recorded for purpose of sale, nor shall
parcels resulting from such subdivision be sold or offered for sale, unless such subdivision
meets all the requirements of these Regulations and has been approved by the Planning
Commission and Augusta, Georgia. The owner or the agent of the owner of any land to be
subdivided in Augusta, Georgia, who transfers or sells or agrees to sell or negotiates to sell
such land by reference to or by exhibition of or by other use of a plat of subdivision of such
land before such plat has been approved by the Planning Commission and the
Commission and has been recorded in the office of the Clerk of Superior Court shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in the
Augusta-Richmond County Code § 1-6-1; and the description by metes and bounds in the
instrument of transfer or other document used in the process of selling or transfer or other
document used in the process of selling or transfer shall not exempt the transaction from
such penalties. The Commission, through its enforcing agent, may enjoin such transfer or
sale or agreement by appropriate action.
Section 105. Exemptions. The combination or recombination of portions of previously platted lots
where the total number of lots is not increased and the resultant lots are in compliance with
the standards of these Regulations and all other Ordinances and Resolutions of Augusta,
Georgia, shall not be defined as subdivisions and shall be exempt from the requirements of
this Ordinance.
The Executive Director of the Planning Commission may also exempt from the
requirements of Article II the following types of subdivisions:
The division of any tract of land that is in one individual ownership into ten (10) lots
or less, provided that in such cases no new streets, street rights-of-way, or street
dedications are involved, provided that the street the property is fronting on must be
a street that is officially deeded to the Augusta, Georgia; provided further that no
utility, drainage, or other easements are found necessary; and no new or residual
parcels are created which do not conform to the requirements of these Regulations.
Such exempted subdivisions must be accompanied by whatever supportive
documentation shall be required by the Executive Director. The subdivider shall
disclose ownership or financial interest in any lands that adjoin the subject property,
and if there are plans to further subdivide any of this property then they shall be
disclosed in the form of an Overall Concept Plan. If the Overall Concept Plan
includes more than sixteen total lots or more than eight flagpole lots then the
subdivider shall conform to Articles II, III and IV. In no case shall more than sixteen
lots be subdivided from a parent parcel within any ten year period without
Attachment number 1
Page 6 of 45
Item # 5
3
conforming to Articles II, III and IV. At the discretion of the Executive Director,
compliance with Articles II, III and IV in whole or in part may be required.
The public or private acquisition of strips of land for the widening or opening of
streets.
The trading or exchanging of portions of previously platted and recorded properties
which are contiguous and which necessitate the creation of parcels not conforming
to the requirements of these Regulations provided that a statement is placed on the
plat to be recorded to the effect that such parcels are not created as individual
building lots, and are not approved as such, and that no building permit shall be
issued for construction on such parcels.
Section 106. Definitions. Words and phrases used in these Regulations shall have the meaning
or meanings set forth as follows. Words or phrases not herein defined shall have their
customary dictionary meanings where such meanings are not inconsistent with the context
and intent of these Regulations. When not inconsistent with the context and intent of these
Regulations, words used in the singular shall include the plural and words used in the
present tense shall include the future. The terms "shall" or "will" are mandatory, the word
"may" is permissive.
Building: A structure having a roof supported by columns or walls for the shelter, support
or enclosure of persons, animals, or chattels. When separated without connections, each
portion of such building shall be deemed a separate building.
Building Line, Front: A line parallel to the front property line in front of which no structure
shall be erected between the front building line and the front property line.
Building Line, Rear: A line parallel to the rear property line, behind which no structure shall
be erected between the rear building line and the rear property line.
Building Line Setback: The distance between the building line and the right-of-way
line/property line in a district, lot, tract, or parcel of land.
Building Line, Side: A line parallel to each side property line beyond which no structure
shall be erected between the side building line and the side property line.
Building, Main: "Main Building" means a building in which is conducted the principal use of
the lot on which it is situated. In any residential district any dwelling shall be deemed to be
a main building on the lot on which the same is situated. Main building, when used with
reference to ground coverage, shall mean the dimensions of the dwelling with the porches
and garages excluded.
Building Permit: A written permit issued by the Chief Building Official of Augusta, Georgia.
Commission: The Augusta Commission.
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Contractor: The developer or subdivider or his representative whether doing work on a
contract basis or working directly for the developer or subdivider.
Development Plan: A tentative subdivision plan, in lesser detail than the Final Plat,
indicating the approximate proposed layout of a subdivision as a basis for consideration
prior to preparation of the Final Plat.
Director: The Executive Director of the Augusta-Richmond County Planning Commission.
Dwelling: Any building or portion thereof which is designed or used exclusively for
residential purposes.
Easement: A grant by the property owner for use by the public, a corporation, or person(s)
of a strip of land for specified reasons.
Engineer: Shall mean the duly designated Engineer of the Commission to perform the
duties of engineer as herein specified, or the Director of Public Works of Augusta, Georgia.
Final Plat: A complete and exact subdivision plat prepared for official recording as required
by these Regulations.
Frontage: The distance for which property abuts one side of a street, road, highway, or
other public way measured along the dividing line between the property and such road,
highway, or other public way.
Hardship (Variance): A hardship is a relaxation or variance of the terms of this Ordinance
where such variance will not be contrary to the public interest and where, owing to
conditions peculiar to the property, a literal enforcement of the Ordinance would result in
unnecessary and undue hardship.
Health Department: The Richmond County Health Department.
Improvements: Those physical additions and changes to the land that may be necessary
to produce usable and desirable lots.
Land or Territory Subdivisions: A parcel or tract of land, the dimensions of which are
shown on a map or filed with the Clerk of Superior Court of Richmond County, Georgia, as
of the date of the adoption of this Ordinance.
Lot, Corner: A lot which abuts on two or more streets and/or roads at their intersection, or
upon a curved street, provided that the two sides of the lot, or the tangents to the curve of
the street line at its starting points at or within the side lines of the lot, intersect to form an
interior angle of not more than 135 degrees.
Lot Depth: The distance between front and rear lot lines. If two opposite sides of said lot
are not parallel, the depth shall be deemed to be the mean distance between the front and
rear lot lines.
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Lot, Double Frontage: A continuous (through) lot of the same depth as the width of a block
containing two (2) tiers of lots and which is accessible from both of the streets upon which
it fronts.
Lot, Interior: A lot which is not a corner lot.
Lot of Record: A parcel of land the dimensions of which are shown on a map on file with
the Clerk of Superior Court of Richmond County, Georgia, or in common use by City
Officials, and which actually exists as so shown, or any part of such parcel held in a
recorded ownership separate from the ownership of the remainder thereof.
Lot Width: The width of the lot measured at the front building setback line.
Lot Line, Front: The front lot line of an interior lot separating the lot from the fronting street
right-of-way. The front lot line of a corner lot shall be the lot line upon which the principal
building entrance will front.
Lot Line, Rear: The rear lot line boundary opposite and more or less parallel to the front lot
line. The rear lot line of an irregular or triangular lot shall be for the purpose of this
Ordinance a line not less than ten feet long, lying wholly within the lot and parallel to and
the farthest distance from the front lot line.
Lot Line, Side: A side lot boundary line that is not a front lot line nor a rear lot line. A side
lot line separating a lot from a street line is an exterior side lot line. Any other side lot line is
an interior side lot line.
Master Plan (Comprehensive Plan): Any legally adopted part or element of the
Comprehensive or Master Plan. This may include, but is not limited to: the Zoning
Ordinance, Subdivision Regulations, Community Facilities Plan, Transportation Plan, and
Capital Improvements Program.
Natural Grade: The elevation of the ground adjoining the building.
Nonconforming Use: Any use that does not conform to the Regulations for the district in
which it is situated as of the effective date of adoption of this Ordinance.
Official Map: An Official Map of Augusta, Georgia, showing the location of streets, public
building sites, and public open spaces theretofore existing and established by law as public
streets, public building sites or public open spaces. This may include mapped boundary
lines of future streets, public building sites, public parks, playground or other public open
space areas or of existing sites or areas that are to be expanded. The Official Map may
include the whole or any part or parts of Augusta, Georgia.
Paving Width: That portion of a paved street that is permanently covered with asphalt or
any other accepted hard surface treatment.
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Person: Any individual, firm, partnership, business trust, co-partnership, corporation,
company, association, joint stock association or body politic, and includes any trustee,
receiver, assigns or other similar representative thereof.
Planned Unit Development: A design to provide for small and large scale developments
incorporating a single type or a variety of residential and related uses which are planned
and developed as a unit. Such development may consist of individual lots or it may have
common building sites.
Planning Commission: The Augusta-Richmond County Planning Commission.
Planting Strip: The portion of the street between the curb and the property line exclusive of
the area occupied by the sidewalk.
Roadway: That portion of a road which is improved, designed, or ordinarily intended for
vehicular use. Divided roads and roads with frontage or access roads have more than one
roadway. On undivided roads without frontage roadways or access roads, the roadway
width lies between the curb lines or between the pavement edges, whichever is
appropriate.
Shoulder: That portion of a roadway from the outer edge of the paved surface or the curb
to the inside edge of the ditch or gutter or original ground surface.
Sidewalk: That portion of a street or road available exclusively for pedestrian traffic.
Sign: Any words, lettering, parts of letters, figures, numbers, phrases, sentences,
emblems, devices, designs, trade names, or trademarks by which anything is made known
such as are used to designate an individual, a firm, an association, a corporation, a
profession, a business, or a commodity or products, which are visible from any public
highway and used to attract attention.
Single-tier Lot: A lot which backs upon a limited-access highway, a railroad, a physical
barrier, a major arterial, a nonresidential use and to which access from the rear of the lot is
usually prohibited.
Sketch Plan: General freehand drawing of the tentative subdivision plat proposal.
Staff: The technical staff of the Planning Commission.
Street: A public thoroughfare, twenty feet or more wide, where public title to land extends
between right-of-way lines. Whenever the sense of the law or these Regulations so
require, the word "street" shall include avenue, drive, circle, road, highway, or similar terms
as they are generally understood.
Streets, Arterial: Higher order, interregional streets that convey traffic between centers.
There should be no curb parking and ideally there would be limitations on access to
frontage properties. Most traffic would not have origins or destinations within the
immediate area traversed.
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Streets, Collector: Streets that connect minor streets to higher order streets, either
collectors or arterials. Such streets function to promote free traffic flow, therefore curb
parking should be prohibited and special building setbacks and/or lot width should be
required. Collectors should be designed so as not to be attractive as shortcuts by traffic
that has neither an origin or destination within a neighborhood or an immediate area
traversed. Residential collectors should have sidewalks on at least one side. Collector
streets should be designed to accommodate a maximum ADT of 3,000.
Streets, Minor or Residential: Streets that provide access to frontage properties and are
designed to carry traffic having origins or destinations within the immediate area traversed.
Such streets are not designed to interconnect adjoining neighborhoods, subdivisions, or
non-residential areas. They should be designed so that no segment has an ADT greater
than 500. A loop street may be considered two separate streets but the design ADT at any
point shall not exceed 500.
Streets, Residential Collector: The highest order of residential street. Conducts and
distributes traffic between lower-order residential streets and higher-order streets (arterials
or expressways). Such streets function to promote free traffic flow; therefore, curb parking
should be prohibited and special setbacks and/or lot widths should be required.
Residential collectors should be designed to prevent use by non-neighborhood traffic.
Total traffic volume should not exceed 3,000 ADT.
Street Line or Right-of-way: The dividing line between a lot, its property line or lines, and a
public right-of-way; a public street, road or highway; or a private street, road, or highway,
over which two or more abutting owners have an easement or right-of-way.
Street Width: The horizontal distance between the right-of-way lines of the street,
measured at right angles to the right-of-way lines.
Structure: Anything constructed or erected, the use of which requires more or less
permanent or semi-permanent location on the ground or the attachment to something
having a permanent location on the ground or water. (The term includes buildings, houses,
stores, gasoline pumps, automobile house trailers, advertising signs, billboards, trailers,
coaches, mobile homes, commercial mobile units, commercial boats, or structures from
which products are vended and similar objects.)
Subdivider: Any person, firm or corporation who subdivides or develops any land deemed
to be a subdivision as herein defined.
Subdivision: The division of a lot, tract or parcel of land into two or more lots, plats, sites,
or other divisions of land for the purpose, whether immediate or future, of sale or of
building development for purposes other than agricultural. It includes resubdivision and
when appropriate to the context, relates to the process of subdividing or to the land or
territory subdivided.
Yard: An unoccupied area of a lot, open and unobstructed from the ground to the sky,
except as otherwise provided in the Zoning Ordinance.
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Yard, Front: An open space extending the full width of a lot and of a depth measured
horizontally at right angles from the front lot line to the front of the structure.
Yard, Rear: An open space extending the full width of a lot and of a depth measured
horizontally at right angles from the rear lot line to the rear of the structure.
Yard, Side: An open space extending along the side line of a lot between the front yard
and the rear yard and of a width measured horizontally at right angles from the side lot line
to the side of the structure.
Variance): A relaxation or variance of the terms of this Ordinance where such variance will
not adversely affect public health, safety and welfare, and where, owing to conditions
peculiar to the property, a literal enforcement of the Ordinance would result in unnecessary
hardship for the applicant.
Zoning Ordinance: The Ordinances recommended by the Planning Commission and
adopted by the Commission.
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ARTICLE II
Procedure for Approval of Subdivision Plats
Section 200. Pre-Application
A. For tracts or developments which might be expected to ultimately yield 200 or more
lots, a subdivider shall submit a Sketch Plan to the Planning Commission prior to the
formal filing of an application for approval of a Development Plan. For other tracts
or developments, the filing of a Sketch Plan is optional. The Sketch Plan does not
require formal application, payment of a fee, or appearance before the Planning
Commission. When submitted, the Sketch Plan shall show in simple sketch form
the proposed layout of street, roads, and other features in relationship to existing
conditions.
The Sketch Plan would be used to assess, among other things, the number of
entrances needed for the subdivision and/or the need for a current or future traffic
light. It should be noted that adequate traffic control, per the MUTCD and/or the
requirement of the Traffic Engineer, is the responsibility of the Developer.
B. Review of Sketch Plan. All review during the pre-application, or Sketch Plan,
process shall be carried out by the Staff of the Planning Commission, with the aid of
other City Reviewing Agents as deemed necessary, and no hearing before the
Planning Commission is intended to be required by these Regulations during the
pre-application procedure. Within 15 days of submission of the Sketch Plan, the
Executive Director shall inform the subdivider wherein the plans and data as
submitted or as modified do or do not meet the objectives of these Regulations,
general design standards, and other rules and regulations. The response from the
Executive Director shall also inform the subdivider as to how said objectives may be
met. For tracts or developments which might be expected to ultimately yield 200 or
more lots overall, the Sketch Plan shall be approved by the Executive Director prior
to the formal filing of an application for approval of a Development Plan. After two
Sketch Plan submissions to the Executive Director, the subdivider may appeal to the
Planning Commission. In no case shall the Sketch Plan be binding on the process
for approval of the Development Plan.
Section 201. Approval of Development Plan. The following procedures shall be followed for
approving a Development Plan.
A. No improvements shall commence until the Planning Commission has given
approval to the Development Plan and all improvements thereafter shall conform to
the Development Plan.
B. If the proposed water or sewerage system for a subdivision requires the approval of
the Georgia Department of Public Health and/or the Georgia Water Quality Control
Board, this approval shall be obtained prior to making written application to the
Planning Commission for approval of the Development Plan. This approval by the
Georgia Department of Public Health and/or the Georgia Water Quality Control
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Board shall be in writing and shall accompany the application for approval to the
Planning Commission.
C. Written application for approval of a Development Plan shall be made in the office of
the Planning Commission by the subdivider or his authorized representative and
shall include all information as specified in Article III and elsewhere in these
Regulations.
D. Ten (10) complete sets and eight (8) copies of sheet number one (1) -- sheet
showing lot layout and easements -- of the Development Plan shall be filed with the
Planning Commission at the time of application. The Planning Commission shall
thereafter forward for review such copies as follows:
1. One (1) copies shall be filed with the Engineering Department.
2. Four (4) copies shall be filed with the Utilities Department if the subdivision is
to be served with public water and/or sewer.
3. One (1) copy shall be filed with the Traffic Engineer.
4. One (1) copy shall be filed with the Fire Department.
5. One (1) copy shall be filed with the Soil Conservation Service.
6. One (1) copy shall be filed with the Board of Health, if applicable.
7. One (1) copy of sheet number one (1) shall be filed with the Georgia Power
Company or Jefferson Electric, whichever is applicable.
8. One (1) copy of sheet number one (1) shall be filed with Georgia Natural Gas
9. One (1) copy of sheet number one (1) shall be filed with Bellsouth.
10. One (1) copy of sheet number (1) shall be filed with Comcast.
11. One (1) copy of sheet number (1) shall be filed with E-911.
12. One (1) copy of sheet number (1) shall be filed with Georgia Power –
Transmissions.
13. One (1) copy of sheet number (1) shall be filed with the Augusta Post
Office
14. One (1) copy of sheet number (1) shall be filed with the Augusta GIS
Dept.
15. One (1) copy shall be retained by the Planning Commission.
Seven (7) copies shall be submitted. Once the Development Plan has been
reviewed and approved and after hearing by the Planning Commission, the
Development Plan shall be stamped in accordance with the approval of the Planning
Commission, and the copies shall be distributed as follows:
1. Two (2) copies shall be returned to the applicant at the Pre-Construction
conference
2. Three (3) copies shall be retained by the Engineering Department
3. One (1) copy shall be submitted to the NPDES Inspector for inspections
purposes
4. One (1) copy shall be retained by the Planning Commission
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E. Within 30 days of receipt of Development Plans, reports shall be submitted to the
Planning Commission by all agencies to which plans are directed, and such reports
shall become part of the findings of the Planning Commission. Plans which must be
resubmitted due to disapproval(s) from reviewing agencies, will begin another 30
day review period.
F. Following submission of the Development Plan and all other material(s) submitted
for conformity thereof to these Regulations, the Planning Commission shall, within
45 days, take action to approve, to approve with contingencies, or to disapprove the
Development Plan. Disapproval may be given based upon failure to comply with
any or all requirements of these Regulations. The subdivider may agree in writing to
waive the 45 day take action period if the results of the action would cause the
Development Plan to be disapproved.
Development Plans disapproved by the Planning Commission for lack of reviewing
agency approval must be resubmitted including all applicable forms, fees and
number of Plans.
G. The Executive Director may, at his discretion, approve, approve with contingencies,
or disapprove a Development Plan administratively if all the conditions for approval
in this Ordinance have been complied with. When administrative approval has been
granted, then the Planning Commission shall be notified by placing the approved
Development Plan on the next meeting agenda.
H. The action of the Planning Commission shall be expressed in writing, a copy of
which shall be sent to the subdivider. One (1) copy of the notice of action taken
shall be retained permanently in the files of the Planning Commission.
I. Approval of a Development Plan shall not constitute approval of the Final Plat.
Such approval shall be deemed an expression of approval of layout and manner of
development of a subdivision and an authorization for the subdivider to proceed with
development in accordance with the approval granted.
J. Approval of a Development Plan shall apply for two (2) years. Where a subdivision
is being developed in sections, the two (2) years shall be measured from the date of
the most recent Final Plat approval granted to a portion of the subdivision. A
subdivider may request, and the Planning Commission may grant, an extension of
time for good cause; however, an approval of a Development Plan shall never
extend for a period of more than five (5) years from the date of first approval. The
Planning Commission shall terminate an approval of a Development Plan after two
(2) years unless formal request for an extension of time is made.
K. At the time of application for approval, the subdivider shall pay a fee that has been
calculated by the Planning Commission as representative of the cost of processing
and administering a Development Plan.
Amended August 2008 - Section 201 D
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Section 202. Approval of Final Plat. The procedure for obtaining approval of a Final Plat shall be
as follows:
A. Written application for approval of the Final Plat together with all required exhibits as
required herein shall be made in the office of the Planning Commission by the
subdivider.
B. Eight (8) copies of the Final Plat shall be filed with the Planning Commission at the
time of application. The Planning Commission shall thereafter file such copies as
follows:
1. One (1) copies shall be filed with the Engineering Department.
2. Four (4) copies shall be filed with the Utilities Department if the subdivision is
to be served with public water and/or sewer.
3. One (1) copy shall be filed with the Traffic Engineering Department
4. One (1) copy shall be filed with the County Board of Health, if applicable.
5. One (1) copies shall be retained by the Planning Commission.
Two (2) mylars and six (6) copies shall be submitted once the Final Plat has been
reviewed and approved and after hearing by the Planning Commission and Augusta
Commission, the Final Plat shall be stamped in accordance with the approval of the
Commission, and the copies shall be distributed as follows:
1. One (1) mylar shall be retained by the Planning Commission
2. One (1) mylar shall be returned to the Developer
3. Two (2) copies shall be retained by the Planning Commission
4. Four (4) copies shall be returned to the Developer
C. Reports shall be submitted to the Planning Commission by all agencies to which
copies are directed, and such reports shall become part of the findings of the
Planning Commission. The staff shall only place an application for approval of a
Final Plat on the Planning Commission's agenda when all Regulations have been
complied with.
D. The Executive Director may, on behalf of the Planning Commission, approve,
approve with contingencies, or disapprove a Final Plat administratively if all the
conditions for approval in this Ordinance have been complied with. When
administrative approval has been granted, then the Planning Commission shall be
notified by placing the approved Final Plat on the next meeting agenda.
E. The Planning Commission shall take action to recommend approval or denial of a
Final Plat. If the recommendation is for denial, then the plat shall not be forwarded
to the Commission. If the recommendation is for approval, then the Final Plat shall
be forwarded to the Commission for a final decision at the earliest convenience,
allowing for normal administrative procedures. A Final Plat may be disapproved for
failure to comply with any and all requirements of these Regulations, or for failure to
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comply with any other applicable Code, Rule, or Regulation of Augusta, Georgia, or
any applicable state law.
F. Prior to approval of a Final Subdivision Plat by the Commission, the subdivider shall
complete all improvements required by the Subdivision Regulations, as amended.
All improvements shall be completed in a manner satisfactory to the Planning
Commission and the City Engineer. Final Plat approval shall not be granted until the
Deed of Dedication and Maintenance Agreement for such improvements has been
submitted to the City Engineer.
G. Deleted August 2004.
H. Deleted August 2004.
I. The City Engineer shall regularly inspect for defects in the construction of required
improvements. Upon completion of these improvements, the City Engineer shall file
with the Commission a statement either stating that to the best of his knowledge and
belief the improvements have been completed in accordance with applicable
Regulations or listing the defects in those improvements; provided, however, no
such representation shall be deemed a certification or warranty of design or
workmanship to any third party and shall not be deemed a waiver of the
Commission’s right to require corrective work should a defect be discovered or a
waiver of sovereign or other immunity . Upon completion of the improvements, the
subdivider shall file with the Commission a statement certifying the following:
(a) That all required improvements are complete;
(b) That these improvements are in compliance with the minimum
standards specified;
(c) That the subdivider knows of no defects from any cause, in those
improvements; and
(d) That these improvements to be dedicated are free and clear of any
encumbrance or lien.
The subdivider shall also file with the Commission an agreement dedicating such
improvements to Augusta, Georgia. If the City Engineer has certified that the
required improvements are complete and free of defects, then upon receipt of the
other statements and agreements detailed above, the Commission shall accept
dedication of those improvements.
Amended August 2008 – Section 202 B
Amended August 2004 - Deleted Sections G & H
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J. Upon acceptance, in accordance with (I), of the dedication of the required
improvements, the Commission shall authorize the release of any improvement
guarantees. If any portion of the required improvements shall fail to be accepted for
dedication in accordance with (I) within the allocated time limit, either for reason of
incompletion or for reason of substandard construction, then the Commission shall
declare the guarantee pledged under (G) to be forfeited. Upon receipt of the
secured funds, the Commission shall use them to finance the completion of required
improvements or the rebuilding of such improvements to proper specification.
Unused portions of the bonded amount shall be returned to the surety company.
K. The actions taken by the Planning Commission and the Commission shall be
expressed in writing, copies of which shall be sent to the subdivider. Copies of the
notice of action shall be retained in the permanent files of the Planning Commission.
L. The original of the Final Plat shall be returned to the subdivider and shall show the
approval of the Planning Commission over the signatures of the Chairman or Vice-
Chairman, the Secretary or Executive Director, and the Commission if final approval
is granted.
M. Effective January 1, 2001, all Final Plats together with Protective Covenants shall be
recorded with the Clerk of Superior Court by the subdivider or his authorized agent
within 90 days of the date of approval by the Augusta-Richmond County Planning
Commission and/or the governing body.
N. Approval by the Planning Commission of a Final Plat shall not constitute nor affect
an acceptance by the City of the dedication of any street or other ground shown on
the plat.
O. All requests for Final Plat approval shall be accompanied by an 18 months
maintenance agreement and deed(s) of dedication for all streets, land, easements,
storm drainage, sanitary sewer systems and water systems conveying the same to
Augusta, Georgia. The form of these documents shall be as approved by the City
Attorney. These documents shall be fully executed by the grantor/subdivider with the
date blank, to be filled by the Commission with the date of acceptance of the deeds
of dedication. Acceptance of streets and other improvements shall be accomplished
by executing the deeds of dedication.
P. A descriptive note providing the following information:
1. Outfall(s) Information – Location, Size and Shape
2. Land Use – Commercial, Industrial, Residential, etc.
3. Acreage of on-site and off-site drainage areas contributing to discharge from
development
4. Acreage of Impervious Drainage Area
5. Name of Receiving Drainage Basin
Q. A descriptive note describing any permanent or temporary Best Management
Practices (BMP's) used to impact or target Water Quality.
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Section 203. Performance Guarantee.
A. Generally. If all improvements as required by the Augusta-Richmond County
Planning Commission's approval of the Development Plan are not properly installed
and constructed in accordance with the required standards prior to the submission
of a Final Plat application, the subdivider shall provide to the Executive Director an
acceptable Performance Guarantee to assure future installation and construction of
the improvements as required. The amount of the Performance Guarantee shall be
set by the City Engineer and shall be (in the opinion of the City Engineer) the cost of
the remaining improvements plus 25%. To assist the City Engineer in calculation of
the Performance Guarantee, a copy of the Contract Document for the project, a
copy of all contractors fees paid to date, and a certification from a Professional
Engineer stating the value of the work remaining on the site must be submitted to
the City Engineer. The cost of any additional surveying, engineering, Final Plats or
as-builts (as applicable) must be included in the calculation for the Performance
Guarantee.
The Performance Guarantee must be in the acceptable format described in (e)
below, accepted by the Planning Commission, and must include a specific,
reasonable and satisfactory date for the completion of the necessary improvements.
In no case shall the Performance Guarantee be valid for more than one (1) year,
nor for less than 90 days.
B. Return of Guarantee. When the improvements have been completed and approved
for conformity with these regulations the Performance Guarantee shall be released
and returned. When any portion of the required improvements have been
completed and approved, a portion of the Performance Guarantee commensurate
with the cost of these completed improvements may be released and returned.
C. Default of Guarantee. In the event the subdivider fails to install or construct the
required improvements during the specific time allotted and in conformity with these
regulations, the Performance Guarantee is forfeited to the Augusta, GA to be used
for the completion of the improvements.
D. Extensions of Guarantee. If it appears to the developer that he may not complete
construction of required improvements before expiration of his Performance
Guarantee, it shall be his obligation, at least sixty (60) days prior to said expiration,
to submit an extended Performance Guarantee to the Executive Director of the
Augusta-Richmond County Planning Commission. Such extended Performance
Guarantee must also be approved by the City Attorney and accepted by the
Augusta-Richmond County Planning Commission government staff. Such extension
shall be for a period of six (6) months. A maximum of two (2) such extensions shall
be allowed.
E. Acceptable format for Performance Guarantee. Any deviation from the acceptable
format below may delay acceptance of this instrument:
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STATE OF GEORGIA
CITY OF AUGUSTA
RICHMOND COUNTY
PERFORMANCE GUARANTEE
KNOW ALL MEN BY THESE PRESENTS that we, _________________, as principal, and
__________________, as security, are held and firmly bound unto Augusta, Georgia, as obligee, in the sum
of $ _____, for payment whereof to the obligee, the principal and security bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly to these presents:
Signed, sealed, and dated, this ____ day of ___________________, 2004.
WHEREAS, application was made to the obligee for approval of a subdivision shown on a Final Plat
entitled "_______________________________", dated ________________, 2004, and filed with the
Augusta-Richmond County Planning Commission and said Final Plat was approved upon certain conditions,
one of which is that a Performance Guarantee in the amount of $ ______ be filed with the Augusta-
Richmond County Planning Commission to guarantee certain improvements in said subdivision;
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the above-named
principal shall, within ______ from the date hereof (in no case shall the Performance Guarantee be valid for
more than two years), truly make and perform the required improvements and construction of public
improvements in said subdivision in accordance with Augusta, Georgia specifications, then this obligation
will be void; otherwise it will remain in full force and effect.
It is hereby understood and agreed that in the event any required improvements have not been installed
within the term of this Performance Guarantee, the Augusta Commission or the Augusta-Richmond County
Planning Commission government staff may thereupon declare this Performance Guarantee to be in default
and collect the sum remaining payable thereunder, and upon receipt of the proceeds thereof, Augusta,
Georgia shall install such improvements as are covered by the Performance Guarantee.
It is further understood and agreed that when the required improvements have been approved for conformity
with these regulations by the Augusta Commission or by the appropriate Augusta, Georgia government staff,
the Performance Guarantee shall be released and returned. In addition, if any portion of the required
improvements is completed by the principal and approved by the appropriate Augusta, Georgia government
staff, a portion of the Performance Guarantee commensurate with the cost of these completed improvements
may be released and returned. In no event shall a Performance Guarantee be reduced below twenty-five (25)
percent of the principal amount until all improvements have been approved by the appropriate Augusta,
Georgia government staff.
_______________________________(L.S.)
Approved and accepted this ___ day of Principal
________________, 2004 by the ________________________________(L.S.)
Augusta Commission Security
______________________________
Chairman
________________________________
Clerk
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The surety as specified herein shall be a corporate surety licensed to do business in the State of Georgia. In
lieu thereof, the principal may post an Irrevocable Letter of Credit from a bank licensed to do business by
the State of Georgia or any federally insured lending institution.
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F. Acceptable format for Irrevocable Letter of Credit. Any deviation from the acceptable format
below may delay acceptance of this instrument.
(On Bank Letterhead)
(Date)
IRREVOCABLE LETTER OF CREDIT #
U.S. $ (Amount)
Augusta-Richmond County Planning Commission
525 Telfair Street
Augusta, GA 30901
RE: (Name of Subdivision or Development)
Gentlemen:
We hereby establish our Irrevocable Letter of Credit #___________ in your favor for (Name and Address of
Principal) and thereby undertake to honor your drafts at sight on us after (Date) not exceeding in the
aggregate (Dollar Amount). ($______). Each such draft must be accompanied by the following documents:
1. A written certificate executed by the appropriate and authorized Augusta, Georgia
government staff stating that (Principal) has failed to make the required improvements within
the term of the attached Performance Guarantee and that the amount of said draft represents
the actual amount of funds due you as a result of his failure to perform as contracted.
2. All drafts drawn under this credit must be marked "Drawn under (Name of Bank)'s Letter of
Credit #_________, dated _________________, 2004.
This credit is valid until (Date). Drafts drawn hereunder, if accompanied by documents as specified above,
will be honored if presented to (Name of Bank) on or before said date at (Address of Bank).
It is further understood and agreed that when the required improvements have been approved for conformity
by Augusta, Georgia, this Letter of Credit shall be released and returned. In addition, when any portion of
the required improvements has been completed and approved, the Letter of Credit may be reduced by an
amount commensurate with the cost of these completed improvements. In no event shall the Letter of Credit
be reduced below (Dollar Amount) ($_________).
Except as otherwise expressly stated herein, this credit is subject to the "Uniform Customs and Practice for
Documentary Credit," ICC Publication 290, 1974 Revision.
(Name and Title of Bank Officer)
cc: Principal
Amended August 2004 - Added Entire Section 203
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ARTICLE III
Requirements for Development Plans and Final Plats and Provision for Inspection
Section 300. Development Plan - Size and Scale of Drawings. Development Plans shall be
drawn to scale no smaller than 1" equals 200'. Where large areas are being planned, they
may be drawn on one or more sheets which shall not exceed 24 by 36 inches in size. For
small areas being planned, a scale of 1" equals 100' shall be used, provided that the
drawing shall not exceed 24 by 36 inches in size.
Section 301. Development Plan - To Show Overall Development.
A Even though a subdivider intends to subdivide only a portion of a large tract of land
initially, the Development Plan shall show a proposed street and lot layout, contours,
drainage plan and other requirements for the entire parcel or tract of land in which
such portion is contained. The Planning Commission may waive this requirement
upon a finding that such a complete layout is not necessary to carry out the intent
and purpose of these Regulations. Notice shall be given if a subdivider requests to
change an approved Overall Development Plan after a Final Plat for a section or for
the entire development has been approved. The placement of a sign indicating the
nature of the change in a conspicuous location on the property not less than 15
days prior to the date of the hearing shall constitute adequate notice.
B. If a subdivision is proposed to be developed in sections, then the Development Plan
for each section must stand on its own merit. All detention/retention, road, and soil
erosion control facilities needed to adequately serve a specific section shall be
constructed as part of the section that is submitted for approval.
Section 302. Development Plan - Information To Be Included.
A. The development name, scale, north arrow with reference, date of plan preparation
and revision(s) (if any); name, address and telephone number of subdivider; name,
address and telephone number of owner; and name, address and telephone
number of engineer or surveyor together with his state registration number, seal,
and signature.
B. Site Data to Include:
1. Tax Parcel Number;
2. Zoning Classification;
3. Acreage of the land involved;
4. Acreage of the area to be developed;
5. Total number of lots;
6. Total number of lots to be developed.
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C. The bearings and distances of the perimeter of the land involved with accurate
reference to a known point or points such as street intersections, railroad crossings,
and/or US Government monuments.
D. Names of adjacent landowners together with all intersecting boundaries or property
lines. Zoning of adjacent property.
E. Proposed divisions to be created including right-of-way widths, roadway widths,
curve data for roadways, proposed utility installations, lot lines with dimensions, lot
numbers and block numbers for all lots, sites reserved or dedicated for public uses,
and sites for other principal uses (specify maintenance responsibility). Minimum
building lines (front, side, and rear), and existing and proposed easements, and
clear view easements must be delineated. (as applicable)
F. Statement as to whether streets are to be private. If private, a draft of the Home
Owners Association documents shall be submitted indicating responsibility for
maintenance of streets, common areas, parking areas or any other areas of the
subdivision not deeded to the Commission.
G. Dead-end streets, intended to be continued at a later time, shall be provided with a
turn-around with a diameter of not less than 60 feet.
H. Existing streets on and adjacent to the tract (delineate right-of-way and pavement)
showing name of street, right-of-way, location, type, width and elevation of
surfacing, any legally established centerline elevations, walks, curbs, gutters and
culverts. (Connection to State Highways will require permits from GA DOT).
Delineate streets that intersect on opposite sides of adjacent roadway.
I. Proposed street names and existing street names.
J. All existing physical features of the land, including contours, drainage ditches,
streets, and wooded areas. The contour interval shall be two (2) feet unless
otherwise approved in advance of application submission by the Department of
Public Works, and the Executive Director of the Planning Commission. All contour
information shall be based on sea level datum and shall be accurate within one-half
contour interval. The Bench Mark, with its description and datum shall be clearly
shown on the Plan. Within fifteen (15) days of a written request of the subdivider or
his engineer, the Department of Public Works shall provide the subdivider with the
Bench Mark within one thousand (1,000) feet of the proposed.
K. General drainage features and plan of proposed storm drainage facilities with
hydrology study (1 set). Provide at least one copy of pipe sizing, detention /
retention sizing and other calculations required for review of this plan.
L. Individual sewerage disposal systems shall be designed and installed in accordance
with current Health Department Regulations.
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M. A note shall appear on the Development Plan to the affect that if individual water
supply or sewage disposal systems are to be utilized, such information as needed
by the Board of Health or other agencies shall be the responsibility of the subdivider.
N. Plan of proposed water supply with tie to the nearest public water supply.
Delineate location of all existing and proposed fire hydrants.
O. Plan and profile of proposed sanitary sewer with tie to existing sewerage system.
Sewer design computations shall accompany the Development Plan furnished to the
Department of Public Works.
P. Street grades and cross-sections must be provided.
Q. A location map of the subdivision at a scale no smaller than 1 inch is equal to 1,000
shall show the relationship of the proposed subdivision to the surrounding area and
the existing community facilities which serve or influence it.
R. Location of all utilities existing and proposed including water supply and sewerage
systems.
S. Location of all easements existing and proposed.
T. A Soil Erosion Sediment Control Plan of the proposed development (if larger than
1.1 acre), with hydrology study 1 set. Soils data as provided in the Soil Survey,
Richmond County. This information is obtainable from the Soil Conservation
Service Office. A statement from the Tax Official's office that ad valorem taxes
owed and due have been paid and a SESC checklist must be provided with the
submittal.
U. Heavy outline of 100 year flood plain and note thereof. Any disturbances within
flood plain limits must comply with the Flood Damage Prevention Ordinance. If the
property is not in a 100 year flood plain, write note stating such.
V. For lots within a 100 year flood plain, a finished floor elevation (3) feet above 100
year base flood elevation) must be noted on each lot.
W. A statement of the following: "I am the owner of the property affected by this
Subdivision Development Plan. Prior to approval of the Final Plat, I will submit a
notarized statement as follows: I certify that the site improvements to be dedicated
are complete and in accordance with the approved plans and specifications, that I
know of no defects from any cause in the improvements, and that the improvements
are free and clear of any encumbrance or lien. This certification will be based on
observations of and supervision of construction by me or my representative. I
understand that the Final Plat will not be approved until this certification has been
made."
X. The location of known gravesites and cemeteries located on the property. If
gravesites or cemeteries are discovered after Development Plan approval but prior
to approval of a Final Plat, information must be submitted to the Planning
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Commission so that the location of such gravesites or cemeteries can be noted on
the Development Plan. The Development Plan must illustrate measures that will be
taken to preserve such cemeteries or gravesites including perimeter fencing, a
public access easement to a public roadway, and signs as needed to identify the
cemetery.
Y. The location of stop signs (and other traffic control devices as required by the Traffic
Engineer) including a statement to the effect that the subdivider shall be responsible
for the initial installation of the signs (and other traffic control devices).
A note shall appear on the Development Plan as follows: "Sign Sheeting
Requirements for Regulatory, Warning and Guide Signs shall be fabricated using
High Intensity, Retroreflective sheeting meeting the American Society of Testing and
Materials specifications for D 4956 Type III or higher".
Adequate traffic control, per the MUTCD and/or the requirements of the Traffic
Engineer, is the responsibility of the Developer.
Z. An executed wetland indemnification form provided by the Planning Commission
accepting responsibility for activities that would be affected by Section 404 of the
Clean Water Act of 1977 and require permitting by the U.S. Army Corps of
Engineers;
A delineation of any wetland areas that are shown on the National Wetland
Inventory Maps or identified through field studies. Evidence that a preconstruction
notification with the Corp. has been filed pursuant to Section 404 of the Clean Water
Act, or statements from properly accredited professionals in wetland identification as
to why they are not needed must be provided before a development plan/site plan
may be approved.
AA. For any Development Plan that includes wetlands that are shown on the National
Wetland Inventory Maps and subject to permitting by the US Army Corps of
Engineers under Section 404 of the Clean Water Act of 1977, the following must be
submitted:
• Location, dimensions and area of all impervious surfaces, both existing and
proposed, on the site.
• The orientation and distance from the boundaries of the proposed site to the
nearest bank of an affected perennial stream or water body.
• Location and detailed design of any spill and leak collection systems designed
for the purpose of containing accidentally released hazardous or toxic materials.
• Calculations of the amount of cut and fill proposed and cross-sectional drawings
showing existing and proposed grades in areas of fill or excavation. Elevations,
horizontal scale and vertical scale must be shown on cross-sectional drawings.
BB. A note to the effect that "Approval of Augusta, Georgia is for the improvements
shown on the Development Plan. Any variation from the approved Development
Plan must be approved by the City Engineer."
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CC. Statement reserving five foot easements along all side lot lines and ten foot
easements along all rear lot lines, unless otherwise shown, for drainage and utilities.
DD. A fence or indemnity form is required for all detention or retention areas.
EE. A note to the effect that a preconstruction conference shall be held with the City
Engineer or his designated representative prior to beginning construction. This
meeting shall be scheduled with the Department of Public Works and Engineering at
the time the notification of work commencement is given.
FF. A note as follows: "The cost of inspection by the City of Augusta's Department of
Public Works and Engineering, before or after regular working hours, on Saturdays,
Sundays or Legal Holidays, shall be paid for by the individual requesting the
inspection at a rate of 1 ½ times the regular salary per hour of the inspector plus
7.65% for the employer's FICA/Medicare match. Approval for the inspection outside
of normal working hours shall be obtained from the City Engineer 48-hours in
advance. Prior to the commencement of work requiring inspection outside of normal
working hours, the individual requesting the inspection shall sign a form which is
furnished by the Department of Public Works and Engineering agreeing to pay the
overtime. The individual requesting the inspection will be billed by the Department
of Public Works and Engineering for payment."
GG. If the subdivision is to be deeded to the City, add a statement that "All Construction
shall meet Augusta Standards and Specifications". If the subdivision is a private
subdivision, add the note: "All Construction within Augusta R/W shall meet Augusta
Standards and Specifications".
HH. A descriptive note providing the following information:
1. Outfall(s) Information - Location, Size and Shape
2. Land Use - Commercial, Industrial, Residential, etc.
3. Acreage of on-site and off-site drainage areas contributing to discharge from
development
4. Acreage of Impervious Drainage Area
5. Name of Receiving Drainage Basin
II. A descriptive note describing any permanent or temporary Best Management
Practices (BMP's) used to impact or target Water Quality.
JJ. A note shall be added to the Development Plan as follows: The Contractor shall be
required to have on site a copy of the Georgia Department of Transportation's
Standard Specifications and Construction Standard Details, current edition.
KK. The sight distance and posted speed limit for every access onto an existing public or
private roadway must be indicated.
LL. All structures within 100’ of a proposed detention/detention pond shall be
delineated.
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MM. The completed GA NDR-NPDES Checklist shall be included with the application.
Amended: May 2008 - 302 Z & 302 MM
Section 303. Development Plan - Utilities, Drainage, and Street Improvements.
A. Water distribution systems shall be designed to meet the standards set forth in the
Water and Sewer System Design Technical Manual. They shall provide an
adequate supply of water for domestic and fire purposes, with sufficient pressure in
the mains to meet minimum standards for fire purposes at all times in accordance
with Underwriter's Standards. A water connection to each lot shall be provided.
B. Where individual water systems are utilized, they must conform to the standards set
forth in the Water and Sewer System Design Technical Manual, and all rules and
Regulations of the Board of Health or other applicable laws.
C. Sewerage systems shall be designed to meet the Standards set forth in the Water
and Sewer System Design Technical Manual.
D. Where individual sewage disposal systems are used, they must conform to the
standards set forth in the Water and Sewer System Design Technical Manual and
all rules and Regulations of the Board of Health or other applicable laws.
E. The subdivider shall provide the subdivision with a governmental water supply
where governmental water supply is available within one thousand (1,000) feet of
the property, unless it can be demonstrated to the Utilities Department that it is
economically unfeasible to do so.
F. The subdivider shall provide the subdivision with a governmental sanitary sewerage
system where a governmental sanitary sewerage system is available undred (500)
feet of the nearest point of the subdivision unless it can be demonstrated to the
Board of Health that it is economically unfeasible to do so.
G. All approvals of Development Plans shall be accompanied by approval of street
plans and profiles and a detailed drainage plan by the Planning Commission and the
Department of Public Works. Such plans shall conform to the Street and Road
Design Technical Manual and other applicable Regulations.
1. Street plans shall demonstrate conformity with the design and construction
guidelines. Copies of street plans, profiles, and typical cross sections shall
be submitted with the Development Plan. The street plans and profiles shall
show the existing ground surface and proposed street grades, including
extensions for a distance of two hundred (200) feet beyond the limits of the
proposed subdivision unless access to adjacent property is denied. The
proposed typical cross section for the entire right-of-way widths of proposed
streets shall be shown. The vertical profile scale shall be 1" equals 10'
maximum and the horizontal profile scale shall be 1" equals 100' maximum.
The Bench Mark with its description and datum shall be clearly shown on the
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profile sheet. The street plans shall show curve data based on the arc
method.
2. The street plans and profiles shall be accompanied by a drainage plan
showing proposed grades and cross sections of ditches and proposed pipe
and ditch sizes for the entire tract or parcel.
3. Stormwater retention facilities must be designed to meet the minimum
standards set forth in the Stormwater Management Technical Manual.
H. The Commission shall not be responsible for any internal subdivision drainage other
than as outlined in the Deed of Dedication. The Commission shall not be
responsible for off-site acquisition of drainage or utility easements. This does not
imply that the subdivider will be responsible for the maintenance of these facilities
after they have been deeded to the Commission.
Section 304. Pre-Construction Conference. A pre-construction conference may be required
by the City Engineer at his discretion. A notation on the Development Plan will
be made to this effect when such a conference is required. Construction
pursuant to the Development Plan shall not commence until the conference has
been held.
Section 305. Development Plan - Inspection. Every site proposed for a subdivision shall be
inspected by the staffs of the Planning Commission, the Department of Public Works, and
the Health Department, if individual sewerage systems are to be used, prior to approval of
the Development Plan.
Section 306. Final Plat - Size and Scale of Drawings. A Final Plat shall have a maximum sheet
size of 18 by 24 inches, and the Final Plat shall be drawn at a scale of 1" equals 100' or
larger. When necessary, the plat may be on several sheets accompanied by an index
sheet or key map on each sheet showing the entire subdivision.
Section 307. Final Plat - Information to be Included: All requirements of the Georgia Plat Act and:
A. The courses and distances of the perimeter of the land involved.
B. Accurate reference to a known point or points such as street intersections, railroad
crossings, and/or US Government monuments.
C. The acreage of the land involved.
D. Names of adjacent landowners and streets together with all intersecting boundaries
or property lines.
E. Proposed divisions to be created including right-of-way widths with name of street,
roadway widths, proposed utility installations, lot lines with bearings and dimensions,
acreage of each lot, sites reserved or dedicated for public uses, and sites for other
principal uses.
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F. Existing streets on and adjacent to the tract showing name of street, right-of-way
width, location, type (public or private) (asphalt or dirt), width and elevation or
surfacing, any legally established centerline elevations, walks, curbs, gutters,
culverts, and. streets that intersect on opposite side of adjacent roadways.
G. Proposed street names and existing street names.
H. The subdivision name, scale, north arrow, date of plan preparation and revision(s) if
any; name, address and telephone number of subdivider; name, address and
telephone number of owner; and name, address and telephone number of engineer
and/or surveyor together with his state registration number, seal and signature.
I. A location map of the subdivision shall show the relationship of the proposed
subdivision to the surrounding area and the existing community facilities which serve
or influence it.
J. All property lines with accurate bearings and distances.
K. Project data to include: total acreage, total number of lots, minimum lot size, zoning,
tax map and parcel number.
L. Final curve data for all curves based on the arc method. Delineate the location of all
points of curvature and tangency.
M. Lot and Block identification. Lot Numbers and Block Letters shall be shown. Lot
Numbers shall be numerical and Block Letters shall be alphabetical.
N. The engineer's or surveyor's certificate as to the accuracy of the survey and plat.
Individual measurement of lots and blocks within the subdivision shall be accurate
within a minimum of one (1) part in three thousand (3,000).
O. When private streets or roads are utilized in a subdivision, the following owner's
acknowledgment shall be shown on the Final Plat, (with appropriate language
supplied by the Executive Director on each individual plat thereafter in the
subdivision) :
"The streets and roads (detention/retention ponds and common areas - as
applicable) are the private property of the owner, who has full and perpetual
responsibility for their maintenance and repair. The owner releases Augusta,
Georgia, from any and all claims, damages, or demands arising on account of or in
connection with the design, construction, and maintenance of the streets and roads
(detention/retention ponds and common areas - as applicable) as shown hereon.
Augusta, Georgia, assumes no liability or duty related thereto, and in no manner
approves or assumes liability for the design of the streets and roads
(detention/retention ponds and common areas - as applicable) as shown hereon.”
A Homeowners Association document must be submitted in recording form
indicating responsibility for maintenance of streets, common area, parking areas, or
any other areas of the subdivision that apply.
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P. State plane coordinates shall be shown on the plat for at least one property corner.
The coordinates and names or descriptions of Augusta and/or geodetic
monuments used for control will be noted on the plat with the grid distance and
azimuth shown to at least one of the coordinated property corners.
Q. Statement reserving five foot side easement along all side lot lines and a ten foot
easement along all rear lot lines, unless otherwise shown, for drainage and utilities.
R. Front building setback lines.
S. Clearview easement typical detail. Clearview easements can be made a part of the
street right-of-way.
T. Location and elevation of 100 Year Flood Plain if applicable. Also state that first
floor elevations within the 100 Year Flood Plain shall be three feet above the 100
Year Flood Plain level. FFE's must be shown on each lot located within the 100
Year Flood Plain. If the lot is not in the flood plain, a statement to this effect shall be
provided.
U. Location and delineation of wetlands that are shown on the National Wetland
Inventory Maps and subject to permitting by the U. S. Army Corps of Engineers
under Section 404 of the Clean Water Act of 1977.
V. Augusta, GA shall not be responsible for pavement repair or site restoration
associated with repair/replacement of a water or sewer line in this private
development.
308: SURVEY AND PLAT STANDARDS
A. The intent of this section is to require certain land parcels, located within reasonable
distance from monumented Augusta and/or geodetic control points, to be referenced
by field survey to Augusta and/or geodetic control points which are defined by state
plane coordinates. In cases where monumented Augusta and/or geodetic control
points are not within a reasonable distance as defined in this document, the
requirement will be to reference the survey to points which are identifiable on the
Augusta orthophoto maps. Property surveys affected by this article will be
referenced to their accurate geographical locations, and therefore can be plotted in
their correct position on the state-plane-coordinate-based Augusta mapping system.
B. The following surveys require ties to geodetic control monuments:
1. Any subdivision of five (5) or more lots total aggregate, including all phases
and sections severed from parent parcels at the time of this ordinance, within
a one mile traverse distance along public roads of Augusta and/or geodetic
control monuments.
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2. Any boundary survey for which the sum of the length of the lines platted is
greater than the traverse distance along public roads to Augusta and/or
geodetic control.
3. Any subdivision of twenty-five (25) or more lots total aggregate, including all
phases and sections severed from the parent parcel at the time of this
ordinance, regardless of distance to Augusta and/or geodetic control.
4. Any non-agricultural industrial/commercial development of 25 or more acres
regardless of distance from Augusta and/or geodetic control.
C. Surveys Exempt From Requirements For Ties To Augusta And/Or Geodetic Control
Monuments. It is considered very desirable for surveyors to tie all surveys,
whenever possible, to the state plane coordinate system. Nothing in these
exemptions is intended to discourage surveyors from tying surveys to the state
plane coordinate system.
The following surveys are exempted from the requirement for ties to Augusta and/or
geodetic control monuments:
1. Surveys of 5.00 acres or less, such as mortgage surveys, in existing
subdivisions initially recorded with the Clerk of Superior Court.
2. Any survey not specified in “Surveys Requiring Tie To Augusta And/Or
Geodetic Control Monuments” as outlined above.
D. Surveys Requiring Orthophoto Locator Tie. All surveys not included in “Surveys
Requiring Tie To Augusta And/Or Geodetic Control Monuments” and not exempted
in “Surveys Exempt From Requirement For Ties to Augusta And/Or Geodetic
Control Monuments” shall have a “locator tie”. A locator tie is defined as a bearing
and distance tie from a property corner to a point identifiable on the orthophoto map
such as a building corner, a road intersection with a driveway, or other point that can
be accurately spotted on the orthophoto.
To support this requirement, Augusta will make copies of the orthophoto maps in
digital format available to licensed surveyors and will provide access to these maps
in the Tax Assessors Office.
E. Survey Requirements. Survey requirements specified in this article are only for
control survey connections between Augusta and/or geodetic survey monuments
and land parcels. Boundary surveys shall be performed in accordance with the
State Minimum Standards published by the Georgia State Board of Registration for
Professional Engineers and Land Surveyors unless more stringent requirements are
specified herein. In so far as possible, control surveys between Augusta and/or
geodetic monuments and property boundaries shall be extended from the nearest
Augusta and/or geodetic control monuments. Augusta specifications for horizontal
control are as follows:
1. Terrestrial Surveys:
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a. If control is extended no more than ½ mile from the control monument to
the property boundary, third-order class 1 (1/10,000) specifications shall
be followed.
b. If control is extended more than ½ mile from the control monument to the
property boundary, second order class 11 (1/20,000) specifications shall
be followed.
c. Plats to be recorded must bear certification of the class of specifications
followed.
2. Global Positioning System (GPS) Surveys:
a. If GPS is used, procedures shall be followed to ensure survey grade
compatibility with the nearest county and/or geodetic control monuments.
Survey grade GPS receivers shall be used with a manufacturer’s stated
accuracy of at least ± 5 cm ± 2 ppm. It is realized that the nearest station
may not always be suitable for occupation by GPS because of
obstructions, lack of property owner permission, or other reasons. The
intent here is to make ties to network stations within 3 to 5 miles from the
project and to avoid establishing new coordinates on property corners that
will not tie on the ground by conventional surveys to an accuracy of
1/10,000 to existing monuments that already exist in the project area.
b. Plats to be recorded must bear certification stating the GPS receivers
used are of survey grade and have a manufacturer’s stated accuracy of at
least ± 5 cm ± 2 ppm.
3. Plat Requirements:
a. State plane coordinates shall be shown on the plat for one property
corner. The coordinates and names or descriptions of Augusta and/or
geodetic monuments used for control will be noted on the plat with the
grid distance and azimuth shown to at least one of the coordinated
property corners.
b. Horizontal ground distances (not grid distances) will be shown on the plat
for all segments of the boundary survey. A combined state plane
coordinate - sea level reduction factor will be noted on the plat. Area will
be based on horizontal ground distances.
c. All bearings will be referenced to state plane coordinate grid north.
F. Digital Data. For Final Plats containing more than ten lots, digital data must be
submitted. The minimum requirements are as follows:
1. The data should conform to the following:
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Coordinate System: GA State Plane East
Datum: NAD 83
Units: Feet
2. Documentation for layering scheme should be submitted with the data, unless
previously submitted.
3. Data should be in DXF format.
4. Data may be submitted via e-mail, diskette, CD Rom, or 4mm tape.
5. Data must be submitted when the plan is submitted to the Planning
Commission for approval.
G. County and or Geodetic Control Monuments.
1. The Augusta Information Technology Department will keep on file the
location of all Augusta and/or Geodetic Control Monuments and will provide
to the Registered Land Surveyor a location of the nearest Augusta and/or
Geodetic Control Monuments to their site or project.
2. Augusta Control Monuments shall be any monumented property corner or
control monument that has been tied to published Geodetic Control
Monuments and is on file with the Augusta Information Technology
Department.
H. Violations of Section 307. Complaints against violators of this article shall be
reviewed by a panel of Georgia Registered Land Surveyors that shall be selected by
the Planning Commission, before the complaint is filed with the Georgia State Board
of Registration for Professional Engineers and Land Surveyors by the Planning
Commission, Clerk of Superior Court, or other department.
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ARTICLE IV
Design Standards
Section 400. Standards for Streets. Streets shall conform to the design standards set forth in the
Street and Road Design Technical Manual, and the following general standards:
A. A layout of streets as to arrangement, width, grade, character and location shall
conform to the latest Transportation Plan in effect, the latest Official Map in effect, to
adjoining street systems both planned and proposed, to topographic conditions,
natural features and drainage systems to be provided, and to the public
convenience and safety.
B. Minor or residential streets shall be so laid out that their use by through traffic is
discouraged.
C. Where a subdivision abuts or contains an existing or proposed expressway or
arterial street, the Planning Commission may require frontage streets, reverse
frontage with screen planting, deep lots or other such treatment as may be
necessary for adequate protection of residential properties and to afford separation
of through and local traffic. "No access" easements may also be required.
D. Reserve strips or parcels controlling access to streets shall be prohibited.
E. Alleys shall be permitted only in multifamily, commercial and industrial areas where
required to provide for service access such as off-street parking, loading and
unloading consistent with and adequate for the uses proposed. Such alleys shall be
at least twenty (20) feet in width and shall permit safe and through vehicular
movement. With special permission of the Planning Commission, alleys may be
permitted in single-family development.
F. Dead-end streets designed to be so permanently, shall not be longer than one
thousand (1,000) feet except where land cannot be otherwise subdivided
practicably. The Planning Commission staff shall have the authority to waive this
restriction if it is their opinion that it is warranted to do so. All permanent dead-end
streets shall be provided at the closed end with a turn-around having a street-
property line diameter of not less than eighty (80) feet. Turn-arounds of this nature
shall have a paved diameter of not less than sixty (60) feet. Dead-end streets
intended to be continued at a later time shall be provided with the same turn-around
as required for a permanent dead-end street, but only that portion to be required as
right-of-way when the street is continued shall be dedicated and made a public
street.
G. No street names shall be used which will duplicate or be confused with the names of
existing streets. Street names proposed by the subdivider shall be subject to check
by the Planning Commission and when duplication or confusion occurs, the
Planning Commission shall require the subdivider to substitute names free from
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duplication and confusion. The Planning Commission shall maintain an up-to-date
file of all street names for the guidance of subdividers.
H. Street right-of-way widths shall be as shown in the Official Road Book and on the
Official Map, and for new streets they shall be as follows:
PROPOSED ROADWAY REQUIREMENTS
CLASSIFICATION CURB & GUTTER SHOULDER & DITCH SECTION
Right-of-Way Pavement Width
B/C to B/C
Right-of-Way Pavement
Width
Shoulder
Width
Minor 60 31 80 24 6
Residential 60 31 80 24 6
Residential Collector 80/60 31 80 24 6
Collector 80 31 80 24 6
Industrial Access 80 31 80 28 6
Arterial 100 53 120 48 8
I. Each street and road shall be paved or surfaced with a paving or surfacing of a type
and strength deemed suitable for the volume and character of traffic to be
expected. No street or road shall be provided with less than an all weather surface.
The type of roadway surfacing shall be determined from the Roadway Standards.
Section 401. General Standards for Curbing are set forth in the Street and Road Design
Technical Manual.
Section 402. Markers
A. Markers shall be placed on all lot corners. Such corner shall be marked with an iron
pipe or pin having a minimum diameter of one-half (1/2) inch. Such iron pipe shall
be a minimum of eighteen (18) inches in length and shall be visible above the
ground so that any competent engineer or surveyor may retrace the line of the
subdivision.
B. Markers shall be installed prior to the submission of the letter requesting approval
for final acceptance of all improvements by the appropriate engineering department.
C. The location and height of any signs denoting subdivision name or other decorative
fixtures shall have prior approval of the Traffic Engineer.
D. The location and type of all markers used shall be indicated on the Final Plat.
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E. Street name signs of a suitable design and durable material and lettered on both faces shall
be installed by the subdivider on the northeast corner of the every intersection. Wooden
signs and wooden posts shall not be used. Sign Sheeting Requirements for Regulatory,
Warning and Guide Signs shall be fabricated using High Intensity, Retroreflective sheeting
meeting the American Society of Testing and Materials specifications for D 4956 Type III or
higher. Any variance from this standard street sign shall be approved by the Traffic Engineer
and the Planning Commission. In private subdivisions, all street signs must clearly indicate
that the streets are private.
Section 403. General Standards for Drainage and Utility Easements. Drainage facilities shall
conform to the design standards set forth in the Stormwater Management Plan
Technical Manual and other Regulations as appropriate.
A. Easements for drainage or utilities may be required where necessary. Such
easements shall be placed along side and/or rear property lines. Redesign of the lot
arrangement may be required to meet extreme drainage conditions.
B. Easements, when required for drainage of the area to be subdivided, shall be of
such width as is necessary to permit proper construction and maintenance of the
drainage facilities required to drain the area properly. Drainage easements shall be
a minimum width of ten (10) feet, provided, however, that easements up to fifty (50)
feet may be required, if in the opinion of the Department of Public Works, such
easements are necessary in the public interest.
C. Easements shall center along or be adjacent to a common property line where
practicable.
D. Subdivision development shall not block or obstruct the natural drainage from an
adjoining area. Provision of drainage facilities to maintain the established flow of
off-site water through any property to be subdivided shall be the responsibility of the
subdivider.
E. Existing natural drainage shall be retained or adequately relocated.
F. All drainage and utility easements within the subdivision that are intended to be
maintained by the Commission shall be deeded to the Commission.
Section 404. Sidewalks
A. Sidewalks must be provided for on any existing arterial or collector street that
is part of any subdivision plan that is adjacent to an existing street that is
classified as an arterial or collector in the Highway Functional Classification
System within the Augusta-Richmond County Urbanized Area as defined by
the Augusta Regional Transportation Study. Where installed, sidewalks shall
meet the construction standards of the Traffic Engineer.
Amended : May 2007 – 404 A
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May 2004 - Section 402 E
Section 405. Lots. Lots shall conform to the following standards.
A. The size, width, depth, shape, orientation, and minimum setback lines of lots shall
be as required by the Comprehensive Zoning Ordinance for Augusta, Georgia, and
shall be appropriate for the location of the subdivision and for the type of
development and use contemplated.
B. Lot depth normally shall not exceed two and one-half (2 1/2) times the lot width
established in accordance with these Regulations and except in case of hardship,
shall never exceed four (4) times that width. This provision shall not apply where
the width of a lot equals or exceeds three hundred (300) feet for its entire depth.
C. Residential lots shall meet the area and dimensional requirements established by
the Comprehensive Zoning Ordinance and by the Richmond County Board of
Health, and established elsewhere in the Subdivision Regulations. If individual
water supply or sewage disposal systems are to be utilized, such information as
needed by the Board of Health shall be submitted along with the Development Plan.
D. Corner lots shall have twenty (20) percent greater width at street property lines than
interior lots and shall have extra widths where necessary to permit the establishment
of sight areas easements.
E. Lots which have double frontage (through lots) shall be prohibited except where
essential to provide separation of residential development from traffic arteries or to
overcome specific disadvantages of topography and orientation. An easement, of at
least ten (10) feet in width, across which there shall be no right of access shall be
required along the rear street property lines of lots abutting such a traffic artery or
other disadvantageous use. No right of access across such required easements
shall be granted except upon resolution of the Planning Commission.
F. All lots shall be provided, by means of streets which have been constructed in
conformance with the standards and specifications of the Development Regulations
of Augusta-Richmond County, specifically the Land Subdivision Regulations and the
Street and Road Design Technical Manual and dedicated in accordance with these
Regulations, with access to an existing public street. Where private streets have a
recorded provision for maintenance and are controlled by a duly incorporated
association, the geometric and right-of-way provisions may be waived by the
Planning Commission. The storm drainage and subgrade, base and pavement
design standards for public streets shall not be waived for private streets.
G. All quadrangular lots, and insofar as practical, all other lots, shall have side lines at
right angles to straight street lines and radial to curved street lines.
--------
Amended May 2004 - Section 405 F
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H. Lots for other than residential use shall include sufficient space for off-street parking,
loading and unloading, and circulation of traffic unless waived by the Planning
Commission.
I. Lots created after the effective date of this Ordinance shall have ingress and egress
by means of a public street or highway, or a private street per 405(J)(1), not less
than 25 feet in width to isolated lots (flagpole lots).
J. Subdivision of land into one or more flagpole lots shall comply with the following
requirements:
1. No flagpole lots shall have a width of less than twenty-five (25) feet at any
point.
2. No portion of a flagpole lot less than sixty (60) feet in width shall be located
within one hundred (100) feet of a street intersection, railroad crossing or
stream crossing.
3. Minimum lot size for flagpole lots, excluding portions of lots less than sixty
(60) feet in width shall be twenty thousand (20,000) square feet.
4. Flagpole lots, where “flagpoles” are contiguous, shall have a common
driveway constructed by the owner to serve all lots for ingress and egress
with cross easements thereto extending from the street right-of-way to a point
where the lot widens to a width of sixty (60) feet or greater.
5. Common driveways serving two or more lots shall have all-weather surface
treatment which is acceptable to the Executive Director in consultation with
the Department of Public Works, given the soils, topography, and other site
conditions. The all-weather surface of common driveways shall at a minimum
have a width of ten feet and a stable shoulder eight feet in width on either
side of the all-weather surface. The Executive Director may request a
certification from a professional engineer, who may be an employee of
Augusta, that a proposed common driveway plan consisting of surface
treatment, base, shoulders, and other design considerations is appropriate
for the particular site conditions. In situations where extraordinary hardships
can be demonstrated, the requirement for an all-weather surface may be
waived by the Executive Director in consultation with the Department of
Public Works.
6. If a Concept Plan provides for common driveways with all weather surface
treatment, then upon approval of such plan, the subdivider shall construct all
common driveways per the plan before any Final Plats are submitted.
7. If a Concept Plan provides for common driveways with all-weather surface
treatment, then covenants and/or homeowner’s association documents which
at a minimum govern maintenance of the common driveway shall be
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completed and executed after approval of said Concept Plan but before any
Final Plats are submitted.
8. There shall be a minimum distance of 400 hundred (400) feet between
common driveways of flagpole lot subdivisions.
9. Common driveways for flagpole lot subdivisions shall serve no more than four
(4) lots.
10. Easements providing common driveways for flagpole lots shall be recorded
on plats containing such lots.
11. Plats containing flagpole lots shall include the following owner’s
acknowledgment:
“Easements providing ingress and egress are the private property of the
owner, who has full and perpetual responsibility for their maintenance. The
owner releases Augusta, Georgia, from any and all claims, damages, or
demands arising on account of such easements.”
Section 406. Subdivision Name. Every subdivision shall be given a name which shall not
duplicate or closely approximate that of any other subdivision existing or planned.
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ARTICLE V
Planned Unit Development
Section 500. Conditions for Subdivision. A subdivider may submit an application for a Planned
Unit Development on a minimum of five (5) acres provided such property is properly zoned
as a PUD (Planned Unit Development) Zone or provided an application has been
submitted to the Planning Commission for rezoning the property to such Zoning
classification. This acreage may be reduced by the Planning Commission if sufficient
justification is presented. However, no Development Plan for a Planned Unit Development
shall be approved until the property for which it is proposed has been properly zoned. A
Planned Unit Development may contain such land uses as permitted in the Comprehensive
Zoning Ordinance for Augusta, Georgia.
Written application for approval of a Planned Unit Development Plan shall include the
following:
A. A statement of the present ownership of all land within the proposed development.
B. An explanation of the development proposed including the number of acres, number
of dwelling units in each housing type, gross density by type of land use, minimum
floor area standards, lot sizes, and yard and spacing proposals.
C. A general statement of the proposed development staging and construction
schedules.
D. Proposed agreements, provisions, and covenants which will govern the use,
maintenance, and protection of development and any common or open space.
Covenants shall establish control of land use, density, and open space in perpetuity.
Section 501. Pre-Application Procedure. Pre-application procedure shall be the same as that
established for other types of subdivisions as stated in Article II above.
Section 502. Approval of Development Plan. The procedure for Development Plan approval set
forth in Article II above shall be followed, and exhibits required in Article III shall be
submitted. The following additional exhibits shall be submitted.
A. The existing and proposed land uses and the approximate location of all buildings
and structures to be built.
B. Perspective drawings of representative building types except for detached single-
family buildings and their accessory buildings. Such drawings shall indicate general
architectural style and appearance.
C. For all single-family attached, multifamily, and commercial areas, off-street parking
and loading/unloading plans shall be shown.
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Section 503. Design Standards. Design standards set forth in Article IV shall be followed insofar
as practicable and consistent with the type of development proposed.
Section 504. Improvements Required. All improvements required under Article VI shall be
provided.
Section 505. Compliance with Comprehensive Zoning Ordinance. All Development Plans for a
Planned Unit Development shall comply in all respects with requirements of the Planned
Unit Development Zone and other requirements of the Comprehensive Zoning Ordinance
for Augusta, Georgia.
Section 506. Final Plat and Final Approval. All procedures required in Article II above shall be
followed for Final Plat approval. Final Plat approval shall be required as for other
subdivisions. Final Plat submission shall be accompanied by a written application setting
forth any changes from proposals submitted with Development Plan proposals and by
covenants in recording form and signed by the proper parties.
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ARTICLE VI
Miscellaneous
Section 600. Hardships and Variances
A. Variances to certain provisions of this Ordinance may be granted on the basis of
hardship. Variances to the procedures set forth may be granted by the Planning
Commission upon a finding that such variance would not adversely affect public
health, safety and welfare, and that failure to grant such variance would result in
unnecessary hardship for the applicant. Variances to design standards, technical
specifications, and construction materials shall be considered by the Department of
Public Works under the same hardship standards.
B. The subdivider shall submit a petition to the Planning Commission stating clearly
and definitely the reason for a request of variance. Consideration will be given
based on the following factors:
1. Unique conditions affecting the property.
2. Undue hardships would result from ordinary adherence to the requirements.
3. A determination that the granting of a variance shall not be detrimental to
adjacent property or to the public interest.
C. A request for a variance to the Subdivision Regulations shall be submitted no less
than 30 days prior to a meeting of the Planning Commission. A sign shall be placed
upon the property for which a variance is being requested no less than 15 days prior
to the meeting at which the variance will be considered. The decision of the
Planning Commission on the variance from the Subdivision Regulations shall be a
final decision, subject to appeal in Superior Court.
D. DELETED – November 2009
E. When Subdivision Plans have been submitted to the Planning Commission and
have been duly approved and are then submitted to agencies of the Federal
Government and such agencies require changes for mortgage guarantees, such
mandatory changes shall be accepted by the Planning Commission as prima-facie
evidence of a hardship and the changes will be accepted under the provisions of
this section unless such changes would be a clear violation of the intent of these
Regulations.
F. If a request for a variance to the Subdivision Regulations is denied by the Planning
Commission, then that request or a request which is similar or serves the same
purpose in the opinion of the Executive Director shall not be considered for a period
of one year (1) from the date of the decision.
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If a request for a variance to the Subdivision Regulations is approved by the
Planning Commission then the applicant or their representative must file the plat
and/or any related documents to the variance within one (1) year of the approval of
the variance or the variance shall no longer be valid.
Amended November 2009
Section 601. Penalty. Any person or corporation whether as principal, agent, employee, or
otherwise who violates any provision of this Ordinance shall be guilty of an offense and
upon conviction shall be punished as provided in Augusta-Richmond County Code § 1-6-1.
Section 602. Amendments.
A. Amendments to these Regulations shall be proposed by the Planning Commission
or shall be submitted to the Planning Commission for approval before being adopted
by the Commission.
B. Augusta, Georgia, may adopt amendments to these Regulations, providing that a
public hearing thereon shall first be held by the Planning Commission, public notice
of which hearing shall be given at least fifteen (15) days prior to such hearing.
C. No amendment, failing passage at its first consideration by the Commission, shall
be resubmitted for a period of one (1) year.
Section 603. Repeal. Previous "Subdivision Regulations for the Municipality and Unincorporated
Areas of Richmond County, Georgia" are hereby repealed.
Section 604. Severability. Any clause or provision of these Regulations declared invalid by any
court having jurisdiction shall not affect the validity of the Regulations as a whole or any
other part thereof.
Section 605. Effective Date. These Regulations shall become effective on _______________.
Adopted this ____ day of ___________, 1999.
________________________________________
Bob Young, Mayor
Augusta, Georgia
ATTEST:
First Reading ______________________
_________________________________
Lena J. Bonner, Clerk of Commission Second Reading ____________________
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Attachment number 1
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SITE PLA REGULATIOS
AUGUSTA, GEORGIA
Development Document #4
Augusta-Richmond County Planning Commission
Updated June 2008
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SITE PLAN REGULATIONS FOR
AUGUSTA, GEORGIA
AN ORDINANCE regulating the development of land in Augusta, Georgia; requiring and
regulating the preparation and presentation of plans for such purpose; establishing minimum
design standards; requiring minimum improvements to be made or guaranteed to be made by the
developer; setting forth the procedure to be followed by the Planning Commission in applying
these rules, Regulations, and standards; and prescribing penalties for the violation of these rules,
Regulations, and standards; and for other purposes.
BE IT ORDAINED by the Augusta-Richmond County Commission, Augusta, Georgia, that:
WHEREAS, the Augusta-Richmond County Commission was authorized by the Home Rule
Provision of the Constitution of the State of Georgia of 1983 to: Establish Planning
Commissions; provide for the preparation and amendment of Overall Plans for the orderly
growth and development of municipalities and counties; provide for the Regulations of structures
on mapped streets, public building sites, and public open spaces; repeal conflicting laws; and for
other purposes; and
WHEREAS, the Planning Commission, created and organized under the terms of the
aforementioned Home Rule Provision, has made a study and analysis of the areas of Augusta and
the said study and analysis now are complete and Site Plan Regulations for the purposes
described in the title of this Ordinance are now ready for adoption; and
WHEREAS, the Augusta-Richmond County Commission has held a public hearing on the
proposed Site Plan Regulations in compliance with Local Ordinances.
THEREFORE, BE IT ORDAINED by the Augusta-Richmond County Commission as follows:
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TABLE OF COTETS
Page
ARTICLE I General
Section 1.00 Short Title 1
Section 1.01 Content and Purpose 1
Section 1.02 Application 1
Section 1.03 Exemption 2
ARTICLE II Procedures for Approval of Site Plans
Section 2.00 Staff Conference/Sketch Plan 3
Section 2.01 Staged Approval for Site Plans 3
Section 2.02 Approval Process for Site Plans 3
ARTICLE III Data to be Submitted, Design Guidelines
and Inspections
Section 3.00 Size and Scale of Drawings 5
Section 3.01 Information to be Included 5
Section 3.02 Utility, Drainage, and Street Improvements 8
Section 3.03 Zoning Standards 8
Section 3.04 Design Guidelines 8
Section 3.05 Inspections 9
ARTICLE IV Miscellaneous
Section 4.00 Hardships and Variances 10
Section 4.01 Penalty 10
Section 4.02 Amendments 10
Section 4.03 Severability 10
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ARTICLE I
General
Section 100. Short Title. This Ordinance shall be known as the “Site Plan Regulations for
Augusta, Georgia”. It is included by reference in the Augusta-Richmond County Code at
Title 8, Chapter 8.
Section 101. Content and Purpose. These Regulations require and regulate the preparation of
Site Plans, establish minimum design standards for site development, set forth the
procedures to be followed in applying these Regulations, provide penalties for violation
of these Regulations, and set forth other matters pertaining to the development of land.
The Site Plan Regulations are adopted for the following purposes, and for other purposes:
A. To encourage the development of an economically sound stable community, so as
to help conserve and protect the natural, economic, and scenic resources of
Augusta, Georgia;
B. To protect Augusta, Georgia from the potential negative impacts of converting
land from its natural state to urban land uses;
C. To assure safe and convenient traffic access and circulation, and to minimize the
impact of land development on traffic safety and congestion;
D. To assure that all buildings and other construction within the scope of these
Regulations are provided with adequate fire protection and are accessible by all
types of emergency vehicles;
E. To assure that the aesthetic qualities of the community are not degraded by the
development of land.
F. To encourage the wise development of the community in harmony with the
Comprehensive Plan.
Section 102. Application. Within the jurisdiction of Augusta, Georgia, except as herein
provided, a building permit under the provisions of the Augusta-Richmond County Code,
Title 7, Article 5, for the purpose of constructing or expanding a structure that is not a
single family house or related thereto shall only be issued upon the presentation of a Site
Plan that has been approved by the Staff of the Augusta-Richmond County Planning
Commission (Planning Commission). Such Site Plan shall be drawn to scale, showing
accurately the dimensions and location of the following: property lines, easements,
utilities, structures, signs, off-street parking, driveways, detention/retention facilities and
any other information that may be necessary to the administration and/or enforcement of
the Ordinance. Such Site Plan shall be submitted to the Staff of all applicable
departments of Augusta, Georgia and other entities that are deemed appropriate and they
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shall review and approve said Site Plan before it is approved by the Staff of the Planning
Commission.
Section 103. Exemptions. The Executive Director of the Planning Commission may exempt
certain types of development from the provisions of these Regulations or parts thereof if,
in his opinion, there is little or no likelihood that adverse impacts could result from the
proposed development. The Executive Director may request such information as he
deems necessary to support such a proposal. Development that may be so exempted shall
include the following:
construction of small buildings or additions to existing buildings less than one
thousand (1000) square feet in area;
construction of parking areas containing less than five parking spaces or
unpaved parking areas that do not provide required parking;
signs;
single, or individual duplex residential structures
temporary location of manufactured buildings for use as offices, showrooms,
etc. with a maximum time limit of six months;
construction on land owned by the United States of America or the State of
Georgia;
development that is similar to any of the above.
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ARTICLE II
Procedures for Approval of Site Plans
Section 200. Staff Conference/Sketch Plan. Although it is not required, an owner, developer,
or contractor (applicant) may request a Staff discussion regarding a proposed project, or
he may submit a Sketch Plan. A Sketch Plan may provide whatever level of detail the
applicant feels appropriate, and he may discuss it with the Staff of the Planning
Commission in order to obtain a better understanding of how the ordinances and
Regulations would apply to his proposal. A Staff conference shall be scheduled by the
Staff within five working days of receiving a request. Sketch Plans shall serve as a
subject for discussion only, and they shall not be approved, denied, corrected, or
otherwise acted upon.
Section 201. Staged Approval for Site Plans. If a proposal is to develop only a portion of a site
or a large tract initially, the Site Plan submitted for approval shall be accompanied by a
Conceptual Plan for the remainder of the site. The Conceptual Plan shall show at a
minimum the proposed circulation pattern, contours, buildings, and drainage plan. The
Executive Director may waive this requirement upon a finding that such a complete
layout is impractical and not necessary to carry out the intent and purpose of these
Regulations. If a site is proposed to be developed in sections as noted above, then each
section must stand on its own merit. All retention, parking, and ingress/egress facilities
needed to adequately serve a specific section shall be constructed as part of the section
that is submitted for approval.
Section 202. Approval Process for Site Plans. The following step by step procedure for
approval of a Site Plan shall be followed:
A. Written application for approval of a Site Plan shall be made in the office of the
Planning Commission. This application shall be made on forms provided for this
purpose and it shall include whatever assurances, disclosures, and other
information that are required by the Staff prior to acceptance of an application.
The application shall include the appropriate number of copies of the Site Plan,
prepared and certified by a civil engineer, or architect, drawn to the specifications
found in Article III of this document, and it shall also include an executed
"indemnity" form regarding retention basins. The application shall be
accompanied by a check in the amount of the fee adopted by the Planning
Commission.
B. The Planning Commission shall have thirty (30) days within which to make a
decision on an application that was accepted by the Staff as a complete
application. The Staff may reject an application if it is deemed to be incomplete.
Such decision may be to approve, approve with conditions, approve in part, deny,
request additional information, or to require corrections. In situations where a
decision of the Planning Commission results in a Site Plan being resubmitted, the
Planning Commission shall have thirty (30) additional days to act on the
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resubmitted Site Plan, beginning on the date of resubmission. The thirty (30) day
period shall not apply if the applicant files a letter agreeing to such with the
Planning Commission. The action of the Planning Commission shall be
expressed in writing, a copy of which shall be provided to the applicant.
D. Approval of a Site Plan shall be valid for two years from the date of approval,
after which a new Site Plan must be submitted per Section 202 of these
Regulations. The Executive Director may exempt an applicant from certain
provisions of these Regulations if some development of the site has occurred, the
applicable rules are essentially unchanged from the time of approval, and no more
than four years have passed since the initial approval.
If no development of the site has occurred, the Developer may request, and the
Planning Commission may grant, an extension of time for good cause; however,
an approval of a Site Plan shall never extend for a period of more than five (5)
years from the date of first approval. The Planning Commission shall terminate
an approval of a Site Plan after two (2) years unless formal request for an
extension of time is made.
E. Eleven (11) complete sets Site Plan shall be filed with the Planning Commission
at the time of application. The Planning Commission shall thereafter forward for
review such copies as follows:
1. One (1) copies shall be filed with Engineering Department.
2. Four (4) copies shall be filed with the Utilities Department if the
subdivision is to be served with public water and/or sewer.
3. One (1) copy shall be filed with the Traffic Engineer.
4. One (1) copy shall be filed with the Fire Department.
5. One (1) copy shall be filed with the Soil Conservation Service.
6. One (1) copy shall be filed with the Board of Health.
7. One (1) copy shall be filed with the Trees and Landscape Department.
8. One (1) copy shall be retained by the Planning Commission.
Seven (7) copies shall be submitted once the Site plan has been reviewed and
approved and the Site Plan shall be stamped in accordance with the approval of
the Planning Commission, and the copies shall be distributed as follows:
1. Two (2) copies shall be returned to the applicant at the Pre-Construction
conference
2. Three (3) copies shall be retained by the Engineering Department
3. One (1) copy shall be submitted to the NPDES Inspector for inspections
purposes
4. One (1) copy shall be retained by the Planning Commission
F. Reports shall be submitted to the Planning Commission by all departments and
agencies to which Site Plans are directed, and such reports shall become part of
the findings of the Planning Commission.
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G. All requests for Site Plan approval shall be accompanied by an 18 months
warranty agreement and deed(s) of dedication for all streets, land, easements,
storm drainage, sanitary sewer systems and water systems that are to be conveyed
to Augusta, Georgia. The form of these documents shall be approved by the City
Attorney. These documents shall be fully executed by the grantor with the date
blank to be filled in by the Commission with the date of acceptance of the deeds
of dedication. Acceptance of streets and other improvements shall be
accompanied by executing the deeds of dedication.
H. A pre-construction conference may be required by the City Engineer at his
discretion. A notation on the Site Plan will be made to that effect when such a
conference is required. Construction pursuant to the Site Plan shall not
commence until the conference has been held.
Amended August 2008 – 202-E
Amended ovember 2000 SPA 03
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ARTICLE III
Data to be Submitted, Design Guidelines, and Inspections
Section 300. Size and Scale of Drawings. Site Plans shall be drawn to scale no smaller than
one inch equals 100 feet. Where large sites are being planned, they may be drawn on one
or more sheets. No drawing shall exceed 36 inches by 48 inches in size.
Section 301. Information to be Included. The following information shall be included on each
Site Plan.
Name of development, type of business, building square footage and parking
required and parking provided.
Owner (name, address, and telephone number).
Developer (name, address and telephone number).
Date of survey, date plan drawn, and revision dates as applicable.
Seal and signature of a registered engineer.
North arrow with reference.
Scale (no less than 1” = 100’)
Tax parcel number
Zoning classification
Use and zoning of all adjacent parcels with owner(s) name(s)
Location of proposed business signage
Existing and proposed elevations referenced to mean sea level, with a contour interval
of 2 feet, accurate to one-half contour to indicate surface drainage patterns.
Source of datum (benchmark used: GS benchmark, if available), and location of BM or
TBM at the site.
Existing and proposed pavement width and right-of-way width of any existing streets
adjacent to the development and distances to nearest intersection.
Acreage of property and acreage of area to be developed.
Location sketch (scale no less than 1” = 2000’).
All boundaries heavily lined with bearings and distances shown, accurate reference to
Augusta and/or geodetic control points which are defined by state plane coordinates
unless the sum of the length of the lines constituting the boundary of the site is greater
than the traverse distance along public roads to such control. If such reference is not
furnished, then a locator tie, defined as a bearing and distance tie from a property corner
to a point that can be accurately spotted on the ortho photo maps shall be furnished.
Plan and profile of storm sewers on a scale of no less than 1” = 100’ horizontally, 1” =
10’ vertically. Elevation based on mean sea level.
Detail plan of all entrances, driveways, roadways, etc., that connect to existing county
roads. (Connections to State Highways will require permits from Georgia Department
of Transportation.)
Minimum building lines (front, side and rear), existing easements and proposed
easements shown.
Acreage of all on-site and off-site drainage areas contributing to flow through the
project.
Storm water management plan.
Attachment number 2
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7
Heavy outline of 100 year flood plain and note thereof. Any disturbances within flood
plain limits must comply with the City Flood Ordinance. If the property is not in a 100
year flood plain then write a note stating that.
Finished floor elevation of buildings a minimum of 3.0 feet above established 100 year
flood elevation, if applicable.
Sanitary sewers and manholes.
Soil Erosion and Sediment Control Plan required for any site over 1.1 acres. A
statement from local Tax Official that ad valorem taxes owed and due have been paid is
required. A SESC Plan Review Checklist is required. A Soil Erosion and Sediment
Control Plan is recommended for all sites.
Potable water distribution system plan.
A note to the effect that “All drainage easements and disturbed areas must be
grassed and/or rip-rapped as required to control erosion.”
A note to the effect that “All construction within Augusta rights-of-way shall conform
to Augusta, Georgia Standards and Specifications.”
A note to the effect that “All silt barriers must be placed immediately following
clearing. No grading shall be done until silt barriers installation in completed.”
Note on drawings: “Contractor shall contact the Inspection Division of the Public
Works Department at least 48 hours prior to starting work on the project.”
A statement of the following: "I am the owner of the property affected by this Site
Plan. Prior to requesting a Certificate of Occupancy, I will submit a notarized statement
as follows: 'I certify that the site improvements are complete and in accordance with the
approved plans and specifications.' This certification will be based on observations of
and supervision of construction by my representative or me. I understand that the
Certificate of Occupancy will not be approved until this certification has been made."
The location of known gravesites and cemeteries located on the property. If grave sites
or cemeteries are discovered during construction, information must be submitted to the
Planning Commission immediately ( See O.C.G.A. §36-72-1 et seq.).
The location of stop signs (and other traffic control devices as required by the Traffic
Engineer) including a statement to the effect that “The developer shall be responsible
for the initial installation of the signs.”
Fence or Indemnity Form is required for all detention or retention areas which are not
wholly contained in a parking lot.
Provide at least one copy of pipe sizing, detention/retention sizing and other
calculations required for review of this plan.
Landscape plan and summary sheet.
Hydrology studies for both Public Works and Soil Conservation Service, as applicable.
Each individual water service line shall be protected by a minimum double-check back
flow device.
A note to the effect that "Approval by Augusta, Georgia is for the improvements shown
in the Site Plan. Any variation from the approved Site Plan must be approved by the
City Engineer."
Amended July 2005 SPA 04
Attachment number 2
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8
For any Site Plan that includes wetlands shown on the National Wetlands Inventory
maps or subject to permitting by the US Army Corps of Engineers under Section 404
of the Clean Water Act of 1977, the following must be submitted:
An executed wetland indemnification form provided by the Planning Commission
accepting responsibility for activities that would be affected by Section 404 of the
Clean Water Act of 1977 and require permitting by the U.S. Army Corps of
Engineers;
A delineation of any wetland areas that are shown on the National Wetland
Inventory Maps or identified through field studies. Evidence that a
preconstruction notification with the Corp. has been filed pursuant to Section 404
of the Clean Water Act, or statements from properly accredited professionals in
wetland identification as to why they are not needed must be provided before a
development plan/site plan may be approved.
Calculations of the amount of cut and fill proposed and cross-sectional drawings
showing existing and proposed grades in areas of fill or excavation. Elevations,
horizontal scale and vertical scale must be shown on cross-sectional drawings.
Location and detailed design of any spill and leak collection systems designed for the
purpose of containing accidentally released hazardous or toxic materials.
Location, dimensions and area of all impervious surfaces, both existing and proposed,
on the site.
A 24 hour local contact person.
A descriptive note providing the following information:
Outfall(s) Information - Location, size and shape
Land Use - Commercial, Industrial, Residential, etc.
Acreage of on-site and off-site drainage areas contributing to discharge from
development
Acreage of Impervious Drainage Area
Name of Receiving Drainage Basin
A descriptive note describing any permanent or temporary Best Management Practices
(BMP's) used to impact or target Water Quality.
A descriptive note as follows: "The cost of inspection by the City of Augusta-Richmond
County's Department of Public Works and Engineering, before or after regular working
hours, on Saturdays, Sundays or Legal Holidays, shall be paid for by the individual
requesting the inspection at a rate of 1 ½ times the regular salary per hour of the
inspector plus 7.65%from the employer's FICA/Medicare match. Approval for the
inspection outside of normal working hours shall be obtained from the County Engineer
48-hours in advance. Prior to the commencement of work requiring inspection outside
of normal working hours, the individual requesting the inspection shall sign a form
which is furnished by the Department of Public Works and Engineering agreeing to pay
the overtime. The individual requesting the inspection shall sign a form which is
furnished by the Department of Public Works and Engineering agreeing to pay the
overtime. The individual requesting the inspection will be billed by the Department of
Public Works and Engineering for payment."
A general note as follows: "A preconstruction conference shall be held with the City
Engineer or his designated representative prior to beginning construction. This meeting
Attachment number 2
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9
shall be scheduled with the Department of Public Works at the time the notification of
work commencement is given."
A note shall be added to the Site Plan as follows: The Contractor shall be required to
have on site a copy of the Georgia Department of Transportation's Standard
Specifications and Construction Standard Details, current edition.
The sight distance and posted speed limit for every access onto an existing public or
private roadway must be indicated.
The completed GA NDR-NPDES Checklist shall be included with the application.
Amended May 2008 SPA 06 & SPA 07
Amended ovember 2000 SPA 01
Amended ovember 2000 SPA 02
Attachment number 2
Page 12 of 15
Item # 5
10
Section 302. Utility, Drainage, and Street Improvements.
A. Utility, drainage, and street improvements shall be designed and constructed to
conform to standards set forth in this document and in the other documents listed
in Section 304.
B. If a Site Plan includes street or road improvements, then it shall also be
considered administratively as a subdivision of land and the procedures set forth
in the Subdivision Regulations shall also apply.
C. The governmental water supply shall be utilized where governmental water supply
is available within one thousand (1,000) feet of the property, unless it can be
demonstrated to the Utilities Department that it is economically unfeasible to do
so.
D. The Site Plan shall provide for connecting to the governmental sanitary sewerage
system where a governmental sanitary sewerage system is available within five
hundred (500) feet of the nearest point of the project unless it can be demonstrated
to the Board of Health that it is economically unfeasible to do so.
E. The Governing Body Commission shall not be responsible for any internal
drainage or required drainage connections to publicly maintained drainage
facilities, streams, or other outlets having constant flow. The Commission shall
not be responsible for off-site acquisition of drainage or utility easements. This
does not imply that the developer will be responsible for the maintenance of these
facilities if they are subsequently deeded to Augusta, Georgia.
F. Sidewalks must be provided for on any site plan where a project is
adjacent to an existing street that is classified as an arterial or collector in
the Highway Functional Classification System within the Augusta-
Richmond County Urbanized Area as defined by the Augusta Regional
Transportation Study. Sidewalks may also be required on other streets
where a project is in close proximity to a school, at the discretion of the
Traffic Engineer. Where installed, sidewalks shall meet the construction
standards of the Traffic Engineer.
Amended May 2008 – SPA -5 (302 F)
Section 303. Zoning Standards. A Site Plan shall identify the proposed land use and use of
each specific building and other structures. The Site Plan shall conform to all provisions
of the Comprehensive Zoning Ordinance as to land use, parking, setbacks, fences,
buffers, signs, driveways and other features regulated by the Zoning Ordinance.
Section 304. Design Guidelines. Design guidelines and construction standards are provided by
the following documents:
Comprehensive Zoning Ordinance
Land Subdivision Regulations
Attachment number 2
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11
Site Plan Regulations
Stormwater Ordinance
Stormwater Management Plan, Technical Manual
Street and Road Design Technical Manual
Tree Ordinance
Flood Damage Prevention Ordinance
Soil Erosion and Sediment Control Ordinance
Grading Ordinance
Groundwater Recharge Area Protection Ordinance
Water Supply and Watershed Ordinance
Augusta Utilities Department Design Standards
Rights-of-Way Encroachment for Utilities Guidelines
Section 305. Inspection. After a Site Plan has been approved, periodic inspections shall be
made by the Planning Commission, the Department of Public Works, the Richmond
County Health Department, and other departments and agencies of Augusta, Georgia.
The purpose of these inspections shall be to assure that construction is consistent with the
site plan. Any variation from an approved Site Plan must be approved by the Planning
Commission.
Attachment number 2
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ARTICLE IV
Miscellaneous
Section 400. Hardships and Variances. Variances to certain provisions of this Ordinance may
be granted on the basis of hardship. Variances to the procedures set forth may be granted
by the Planning Commission upon a finding that such variance would not adversely
affect public health, safety and welfare, and that failure to grant such variance would
result in unnecessary hardship for the applicant. Variances to design standards, technical
specifications, and construction materials shall be considered by the Department of Public
Works under the same hardship standards.
Section 401. Penalty. Any person or corporation whether as principal, agent, employee, or
otherwise who violates any provision of this Ordinance shall be guilty of an offense and
upon conviction shall be punished as provided in Augusta-Richmond County Code § 1-6-
1.
Section 402. Amendments. Amendments to these Regulations shall be proposed by the
Planning Commission or shall be submitted to the Planning Commission for approval
before being adopted by the Augusta-Richmond County Commission.
Augusta, Georgia, may adopt amendments to these Regulations, providing that a public
hearing thereon shall first be held by the Planning Commission, public notice of which
hearing shall be given at least fifteen (15) days prior to such hearing.
Section 403. Severability. Any clause or provision of these Regulations declared invalid by
any court having jurisdiction shall not affect the validity of the Regulations as a whole or
any other part thereof.
12
Attachment number 2
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Item # 5
GROUDWATER RECHARGE PROTECTIO
ORDIACE
FOR
AUGUSTA, GEORGIA
Development Document #12
Augusta-Richmond County, Georgia
January 1999
Attachment number 3
Page 1 of 13
Item # 5
2
ORDIACE O. ______
AN ORDINANCE TO AMEND TITLE 8 OF THE AUGUSTA-
RICHMOND COUNTY CODE SO AS TO ADD A NEW CHAPTER 6
ENTITLED “GROUNDWATER RECHARGE AREA PROTECTION”;
TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING
ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY
COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME
AS FOLLOWS:
Section 1. The Augusta-Richmond County Code, Title 8, is hereby amended by
adding a new Chapter 6 as follows:
CHAPTER 6
GROUDWATER RECHARGE PROTECTIO
§ 8-6-1. AUTHORITY.
The Official Code of Georgia Annotated § 12-2-8 requires that certain
minimum standards shall be adopted by local governments to protect groundwater
recharge areas. This Ordinance conforms to these minimum standards and also the
minimum standards of Chapter 391-3-316, Rules for Environmental Planning Criteria,
Georgia Department of Natural Resources Environmental Planning Division.
§ 8-6-2 SHORT TITLE
This Ordinance shall be known as the Groundwater Recharge Area
Protection Ordinance of Augusta, Georgia.
§ 8-6-3 PURPOSE
In order to provide for the health, safety and welfare of the public and a
healthy economic climate within Augusta, Georgia and surrounding communities, it is
essential that the quality of public drinking water be ensured. For this reason, it is
Attachment number 3
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necessary to protect the subsurface water resources that Augusta, Georgia and
surrounding communities rely on as sources of public water. Groundwater resources are
contained within aquafiers, which are permeable, rock strata occupying vast regions of
subsurface. These aquafiers are replenished by infiltration of surface water runoff in
zones of the surface known as groundwater recharge areas. Groundwater is susceptible to
contamination when unrestricted development occurs within significant groundwater
recharge areas. It is, therefore, necessary to manage land use within groundwater
recharge areas in order to ensure that pollution threats are minimized.
§ 8-6-4 OBJECTIVES
The objectives of this ordinance are:
(a) Protect groundwater quality by restricting land uses that generate, use
or store dangerous pollutants in recharge areas;
(b) Protect groundwater quality by limiting density of development; and
(c) Protect groundwater quality by ensuring that any development that
occurs within the recharge area shall have no adverse effect on groundwater quality.;
§ 8-6-5 ESTABLISHMET OF A GROUDWATER RECHARGE AR EA
DISTRICT.
A Groundwater Recharge Area District is hereby established which shall
correspond to all lands within the jurisdiction of Augusta, Georgia except for those lands
which lie to the east of the Center of Georgia Railroad as shown on the map of Most
Significant Groundwater Recharge Areas of Georgia.
Attachment number 3
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§ 8-6-6 DETERMIATIO OF POLLUTIO SUSCEPTIBILITY.
Each recharge area shall be determined to have a pollution susceptibility
of high, medium, or low, based on the Georgia Pollution Susceptibility Map prepared by
the Georgia Department of Natural Resources.
§ 8-6-7 PERMIT REQUIREMETS, ADMIISTRATIO, AD
EFORCEMET.
Within the Groundwater Recharge Area District, no building permit, site
plan or subdivision plan will be approved by Augusta, Georgia unless the permit or plan
is in compliance with the groundwater protection standards listed in § 8-6-11,
§ 8-6-8 PERMIT REQUIREMET
A building permit or a development permit within the Groundwater
Recharge Area District shall not be issued until a site plan or subdivision plat, whichever
is appropriate, has been reviewed and approved which illustrates compliance with the
Groundwater Recharge Area Protection Ordinance. The requirements for site plans are to
be found in the Site Plan Regulations for Augusta, Georgia, and the requirements for
subdivision plats are to be found in the Subdivision Regulations for Augusta, Georgia.
Those construction of development projects which are exempted under the Site Plan
Regulations are likewise exempted form the requirements of this Ordinance.
§ 8-6-9 ADMIISTRATIO
The Executive Director of the Augusta-Richmond County Planning
Commission is hereby designated as the administrator for this ordinance.
§ 8-6-10 EFORCEMET
(a) Augusta, Georgia, its agents, officers and employees shall have
Attachment number 3
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5
authority to enter upon privately owned land for the purpose of performing their duties
under this ordinance and may take or cause to be made such examinations, surveys or
sampling as Augusta, Georgia deems necessary. The Director of Public Works shall have
authority to enforce this ordinance and address violations or threatened violations hereof
by issuance of violation notices administrative orders and civil and criminal actions. All
costs, fees and expenses in connection with such actions may be recovered as damages
against the violator.
(b) Law enforcement officials or other officials having police powers
shall have authority to assist the Director of Public Works in enforcement.
(c) Any person who commits, takes part in or assists in any violation of
any provision of this Ordinance shall be fined not more than $500 for each offense. Each
violation shall be a separate offense and, in the case of continuing violation, each day’s
continuance shall be deemed to be a separate and distinct offense.
(d) The Director of Public Works shall have the authority to issue cease
and desist orders in the event of any violation of this Ordinance. Cease and desist orders
may be appealed to a court of competent jurisdiction, as identified in § 8-6-12.
(e) When a building or other structure has been constructed in violation of
this Ordinance, the violator shall be required to remove the structure.
(f) When removal of vegetative cover, excavation or fill has taken place
in violation of this Ordinance, the violator shall be required to restore the affected land to
its original contours and to restore vegetation, as far as practicable.
Attachment number 3
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§ 8-6-11 GROUDWATER PROTECTIO STADARDS
Within the Groundwater Recharge Area District, the following minimum
standards shall apply:
(a) Waste Disposal Facilities. All new waste disposal facilities must
have synthetic liners and leachate collection systems.
(b) Agricultural Impoundments. New agricultural impoundments shall
meet the following requirements:
(i) For areas of high susceptibility, a liner shall be provided
that is approved by the U. S. Soil Conservation Service (SCS).
(ii) For areas of medium susceptibility, an SCS-approved liner
shall be provided if the site exceeds 15 acre feet.
(c) Land Disposal. No land disposal of hazardous waste shall be
permitted within any Significant Groundwater Recharge Area.
(d) Spill and Leak Protection. For all Significant Groundwater Recharge
Areas, the handling, storage and disposal of hazardous materials shall take place on an
impermeable surface having spill and leak protection approved by the Georgia
Department of Natural Resources, Environmental Protection Division (EPD).
(e) Secondary Containment. For all Significant Groundwater Recharge
Areas, new above-ground chemical or petroleum storage tanks larger than 660 gallons
must have secondary containment for 110 percent of tank volume or 110 percent of the
largest tanks in a cluster of tanks.
(f) Wastewater Basins. For High Pollution Susceptibility Areas, new
waster-water treatment basins shall be an impermeable liner approved by EPD.
Attachment number 3
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7
(g) Stormwater Basins. For High Pollution Susceptibility Areas, no new
stormwater infiltration basins may be constructed.
(h) Wastewater Spray and Sludge Operation. For High Pollution
Susceptibility Areas, wastewater spray irrigation systems or the land spreading of
wastewater sludge shall be practiced in accordance with Department of Natural
Resources criteria for slow rate land treatment. An application for a development permit
for activities involving wastewater spray irrigation or land spreading of wastewater
sludge must be accompanied by proof that the applicant has received a Land Application
System permit from EPD.
(i) Minimum Lot Sizes and Septic Systems. New homes served by septic
tank/drain systems shall conform to minimum lot size requirements identified in Tables
1-3 below. (Note: No construction may proceed on a building permit or mobile home to
be served by a septic tank without approval of the proposed septic system by the
Richmond County Health Department). The following shall be exempted from all
provisions of this Ordinance related to lot size:
(a) Lots which are included on an “Overall Concept Plan” per
Section 104.3 of the Subdivision Regulations, or a “Sketch Plan” per Section 200.1 of the
Subdivision Regulations and submitted prior to 5:00 p.m. on the date of adoption of this
Ordinance; and
(b) Lots which are included on a “Development Plan” per Article
III of the Subdivision Regulations and submitted prior to 5:00 p.m. on December 31,
1998; and
Attachment number 3
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(c) “Lots of record” (as defined herein) prior to 5:00 p.m. on
December 31, 1998.
TABLE 1: Minimum Lot Size Requirements. Source: DHR Manual for On-Site
Sewerage Management Systems.
Pollution Susceptibility New Homes Served by
Septic Systems
New Mobile Homes
Served by Septic Systems
High 150% of minimum lot sizes
specified in Table 2
150% of minimum lot sizes
specified in Table 3
Medium 125% of minimum lot sizes
specified in Table 2
125% of minimum lot sizes
specified in Table 3
Low 110% of minimum lot sizes
specified in Table 2
110% of minimum lot sizes
specified in Table 3
TABLE 2. Single Family Home Minimum Lot Size where served by On-Site Septic
Tank Systems. Source: DHR Manual for On-Site Sewerage Management Systems.
SOIL GROUP (SEE APPENDIX)
SLOPE OF
LOT (%)
1 2 3 4 5
MINIMUM LOT SIZE SQUARE FEET
0-5 30000 390000 48000 51000 60000
5-15 33000 42000 51000 54000 66000
15-25 36000 45000 54000 57000 N/A
25-35 39000 48000 57000 60000 N/A
TABLE 3. Mobile Home Parks Lot Size where served by On-Site Septic Tank
Systems.
Source: DHR Manual for On-Site Sewerage Management Systems.
SOIL GROUP (SEE APENDIX)
SLOPE OF
LOT (%)
1 2 3 4 5
MINIMUM LOT SIZE SQUARE FEET
0-5 10000 13000 16000 17000 20000
5-15 11000 14000 17000 18000 22000
15-25 15000 18000 18000 19000 N/A
25-35 13000 16000 19000 20000 N/A
Attachment number 3
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§ 8-6-12 JUDICIAL REVIEW.
(a) Jurisdiction. All final decision of Augusta, Georgia concerning detail,
approval or conditional approval of a permit shall be reviewable by appeal to the Superior
Court of Richmond County. The procedure for said appeal shall be the same as an appeal
to the Superior Court from any decision made by the Probate Court as provided by the
laws of Georgia, except that said appeal shall be filed within thirty (30) days from the
date of the decision of denial, approval or conditional approval; and upon failure to file
said appeal within thirty (30) days, the decision of denial, approval or conditional
approval shall be final.
(b) Alternative Actions. Based on these proceedings and the decision of
the court, Augusta, may within a time specified by the court, elect to:
(i) Institute negotiated purchase or condemnation proceedings to
acquire an easement or fee interest in the applicant’s land;
(ii)Approve the permit application with lesser restrictions or
conditions (i.e., grant a variance); or
(iii) Institute other appropriate actions ordered by the court that
fall within the jurisdiction of Augusta, Georgia.
§ 8-6-13 AMEDMETS
These regulations may, from time to time, be amended in accordance with
procedures and requirements in the general statutes and as new information becomes
available.
Attachment number 3
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§ 8-6-14 ASSESSMET RELIEF .
Assessors and boards of assessors shall consider the requirements of these
regulations in determining the fair market value of land.
§ 8-6-15 SEPARABILITY AD ABROGATIO.
All sections and subsections of this ordinance are considered separate and
distinct. Should any section, subsection, paragraph or part of this ordinance be declared
by a court of jurisdiction to be invalid for any reason, it shall not invalidate any other
section, subsection, paragraph or part of this ordinance.
§ 8-6-16 DEFIITIOS
(a) Aquifer – Any stratum (rock layer) or zone of rock beneath the surface
of the earth capable of containing or producing water from a well. (Note: This is the
same definition used in the Groundwater Use Act).
(b) Groundwater Recharge Area (synonymous with Aquifer Recharge
Area) – An area of the Earth’s surface where water infiltrates the ground, thereby
replenishing the groundwater supplies within an aquifer.
(c) Lot of Record – A parcel of land the dimensions of which are shown
on a map on file with the Clerk of Superior Court of Richmond County, Georgia, or in
common use by county officials, and which actually exists as so shown, or any part of
such parcel held in a recorded ownership separate from the ownership of the remainder
thereof.
(d) Pollution Susceptibility – The relative vulnerability of groundwater
to pollution from chemical spills, leaching of pollutants from dump sites, animal waste
Attachment number 3
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11
from agricultural operations or pollution generated by other human activities.
(e) Pollution Susceptibility Map (s) – Maps prepared by the Georgia
Department of Natural Resources (DNR) that show the relative susceptibility of
groundwater to pollution. Pollution susceptibility maps categorize the land areas of the
State into areas of high, medium and low groundwater pollution potential. These maps
are available at the office of the Augusta-Richmond County Planning Commission.
(f) Significant Groundwater Recharge Areas – Areas mapped by DNR in
Hydrologic Atlas 18 (1989 Edition). Mapping of recharge areas is based on outcrop
area, lithology (chemical nature and form of the rock), soil type and thickness, slope,
density of lithologic contacts, geologic structure, presence of “karst” topography
(sinkholes, caves and fissures associated with limestone and other carbonate rocks), and
potentiometric surfaces. These maps are available at the office of the Augusta-Richmond
County Planning Commission.
Section 2. This Ordinance shall become effective on January 1, 1999,
except that certain provisions related to lot size (Section 5.9) shall become effective
immediately upon adoption.
Section 3. All Ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed.
Duly adopted this 6 day of October, 1998, and this 20 day of October, 1998.
Mayor
Attest
Attachment number 3
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12
APPEDIX
SOIL GROUPIGS FOR USE WITH MIIMUM LOT SIZE TABLES
Group 1 – Well drained to excessively drained Group 4 – Well drained to moderately well drained
soils with percolation rates from <5 to 10 min./in. soils with percolation rates from 60 to 90 min./in.
Also poorly drained soils with percolation rates from
AgB – Ailey loamy sand, 2 to 5% slopes 10 to 15 min./in.
AgC – Ailey loamy sand, 5 to 8% slopes
AgD – Ailey loamy sand, 8 to 12% slopes DgA – Dogue fine sandy loam, 0 to 3% slopes
FsB – Fuquay loamy sand, 1 to 5% slopes DhA – Dogue Urban land complex, 0 to 3% slopes
FuC – Fuquay Urban land complex, 2 to 8% slopes GgB – Georgeville loam, 2 to 6% slopes
LkB – Lakeland sand, 2 to 5 % slopes GgC – Georgeville loam, 6to 10% slopes
LkC – Lakeland sand, 5 to 10% slopes GhC – Georgeville Urban land complex, 2 to 8%
LkD – Lakeland sand, 10 to 17% slopes slopes
LmB – Lucy loamy sand, 1 to 5% slopes GoE – Goldston slaty silt loam, 10 to 25% slopes
LmC – Lucy loamy sand, 5 to 8% slopes GvB – Grover sandy loam, 2 to 6% slopes
LmD – Lucy loamy sand, 8 to 15% slopes GvC – Grover sandy loam, 6 to 10% slopes
TwB – Troup fine sand, 1 to 5% slopes MkB – Mecklenburg loam, 2 to 6 % slopes
TwC – Troup fine sand, 5 to 10% slopes WeC - Wedowee fine sandy loam, 6 to 10% slopes
TwD – Troup fine sand, 10 to 17% slopes WeD – Wedowee fine sandy loam, 10 to 15% slopes
TxC – Troup Urban land complex, 1 to 8 % slopes WuC – Wedowee Urban land complex, 6-10% slopes
UaA – Udorthents, 0 to 2% slopes WuD – Wedowee Urban land complex, 10-15%
slopes
Uc - Udorthents, sandy and loamy WvB –Wickham Urban land complex, 2 to 6% slopes
Ud - Urban land
VaC – Vaucluse-Ailey complex, 5 to 8% slopes Group 5 – Poorly drained soils that have watertables
VaD – Vaucluse-Ailey complex, 8 to 17% slopes very near the surface with percolation rates from 5 to
VuC – Vaucluse-Urban land complex, 5 to 8% slopes 10 min./in.
VuD – Vaucluse Urban land complex, 8 to 17% slopes
Av – Altavista sandy loam, 0 to 2% slopes
Group 2 – Well drained to moderately well drained BO – Bibb and Osier soils
soils with percolation rates from 10 to 30 min./in. Ca – Chastain loam
CC – Chewacla – Chastain association
FeA – Faceville sandy loam, 0 to 2% slopes CR – Chewacla – Riverview association
FeB – Faceville sandy loam, 2 to 5% slopes HZ – Hydraquents, mucky
FeC – Faceville sandy loam, 5 to 8% slopes Ra – Rains loamy sand
GmA – Goldsboro sandy loam Rh – Rains-Urban land complex
GnA – Goldsboro-Urban land complex Ro - Riverview silt loam
Rp – Riverview-Urban land complex
Group 3 – Well drained to moderately well drained Rr – Roanoke loam
soils with percolation rates from 30 to 60 min./in.
Also includes somewhat poorly drained soils with
percolation rates from 5 to 30 min./in.
DoA – Dothan loamy sand, 0 to 2% slopes
DoB – Dothan loamy sand, 2 to 5% slopes
DuB – Dothan-Urban land complex, 0 to 5% slopes
OeA – Orangeburg loamy sand, 0 to 2% slopes
OeB – Orangeburg loamy sand, 2 to 5% slopes
OeD – Orangeburg loamy sand, 8 to 15% slopes
OsC – Orangeburg sandy loam, 5 to 8% slopes
Attachment number 3
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13
Attachment number 3
Page 13 of 13
Item # 5
LAND SUBDIVISION REGULATIONS
FOR
AUGUSTA, GEORGIA
Development Document #3
Augusta Planning & Development Department
Updated – July 2011
Attachment number 4
Page 1 of 45
Item # 5
TABLE OF CONTENTS
Page
ARTICLE I General
Section 100. Short Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 101. Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 102. Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 103. Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 104. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 105. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 106. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE II Procedure for Approval of Subdivision Plats
Section 200. Pre-Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 201. Approval of Development Plan. . . . . . . . . . . . . . . . . 9
Section 202. Approval of Final Plat. . . . . . . . . . . . . . . . . . . . . . . . 11
Section 203. Performance Guarantee .. 15
ARTICLE III Requirements for Development Plans and Final Plats
and Provisions for Inspection
Section 300. Development Plan - Size and Scale of Drawings. . . . 19
Section 301. Development Plan - To Show Overall Development . 19
Section 302 Development Plan - Data Information to be Included. 19
Section 303 Development Plan - Utilities, Drainage,
and Street Improvements . . . . . . . . . . . . . . . 24
Section 304 Pre-Construction Conference . . . . . . . . . . . . . . . . 25
Section 305. Development Plan - Inspection . . . . . . . . . . . . . . . . 25
Section 306. Final Plat - Size and Scale of Drawings . . . . . . . . . . 25
Section 307. Final Plat - Information to be Included. . . . . . . . . . . . 25
Section 308. Survey and Plat Standards. . . . . . . . . . . . . . . . . . . . 27
ARTICLE IV Design Standards
Section 400. General Standards for Streets . . . . . . . . . . . . . . . . . 31
Section 401. General Standards for Curbing. . . . . . . . . . . . . . . . . 32
Section 402. Markers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Section 403. General Standards for Drainage and Easements . . . 33
Section 404. Sidewalks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Section 405. Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Section 406. Subdivision Name. . . . . . . . . . . . . . . . . . . . . . . . . . . 36
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ARTICLE V Planned Unit Development
Section 500. Conditions for Subdivision . . . . . . . . . . . . . . . . . . . 37
Section 501. Pre-Application Procedure . . . . . . . . . . . . . . . . . . . 37
Section 502. Approval of Development Plan . . . . . . . . . . . . . . . 37
Section 503. Design Standards. . . . . . . . . . . . . . . . . . . . . . . . . . 38
Section 504. Improvements Required . . . . . . . . . . . . . . . . . . . . . 38
Section 505. Compliance with Comprehensive Zoning Ordinance
and Resolution for Augusta, Georgia. . . . . . . . . . . . 38
Section 506. Final Plat and Final Approval. . . . . . . . . . . . . . . . . . 38
ARTICLE VI Miscellaneous
Section 600. Hardships and Variances . . . . . . . . . . . . . . . . . . . . 39
Section 601. Penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Section 602. Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Section 603. Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Section 604. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Section 605. Effective Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
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LAND SUBDIVISION REGULATIONS FOR
AUGUSTA, GEORGIA
AN ORDINANCE regulating the subdivision of land in Augusta, Georgia; requiring and
regulating the preparation and presentation of Development Plans and Final Plats for such
purpose; establishing minimum subdivision design standards; requiring minimum
improvements to be made or guaranteed to be made by the subdivider; setting forth the
procedure to be followed by the Augusta Planning & Development Department in applying
these rules, Regulations, and standards; and prescribing penalties for the violation of these
rules, Regulations, and standards; and for other purposes.
BE IT ORDAINED by the Augusta Commission, Augusta, Georgia, that:
WHEREAS, the Augusta Commission was authorized by the Home Rule Provision of the
Constitution of the State of Georgia of 1983 to: Establish planning commissions; provide for
the preparation and amendment of overall plans for the orderly growth and development of
municipalities and counties; provide for the regulation of structures on mapped streets, public
building sites, and public open spaces; repeal conflicting laws; and for other purposes; and
WHEREAS, the Planning Commission, created and organized under the terms of the
aforementioned Home Rule Provision, has made a study and analysis of the areas of Augusta,
Georgia and the said study and analysis now are complete and Land Subdivision Regulations
for the purposes described in the title of this Ordinance were adopted; and
WHEREAS, the Augusta Commission has held a public hearing on the proposed Land
Subdivision Regulations in compliance with Local Ordinances.
WHEREAS, the original Land Subdivision Regulations are being amended to include
reference to the Augusta Planning & Development Department;
THEREFORE, BE IT ORDAINED by the Augusta Commission as follows:
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ARTICLE I
General
Section 100. Short Title. This Ordinance shall be known and may be cited as the "Land
Subdivision Regulations for Augusta, Georgia. It is included by reference in the Augusta,
GA Code at Title 8, Chapter 3.
Section 101. Jurisdiction. These Regulations control the subdivision of land within Augusta,
Georgia.
Section 102. Content. These Regulations require and regulate the preparation of Development
Plans and Final Plats for the subdivision of land; establish minimum design standards for
subdivisions, streets, and improvements; set forth the procedure to be followed in applying
these Regulations; provide penalties for violation of the Regulations; and set forth other
matters pertaining to the development of land.
Section 103. Purpose. The various sections of the Ordinance are adopted for the following
purposes, among others:
A. To encourage the development of an economically sound and stable
community so as to help conserve and protect the natural, economic, and scenic
resources of Augusta, Georgia.
B. To assure the provision of required streets, utilities, and other facilities and
services to new land developments to help prevent and reduce the traffic congestion
and hazards which results from narrow or poorly aligned streets.
C. To assure the adequate provisions of safe and convenient traffic access and
circulation, both vehicular and pedestrian to help insure that all building lots will be
accessible to fire fighting equipment and other emergency service vehicles.
D. To encourage the provision of needed public open spaces and building sites
in new land developments through the dedication or reservation of land for
recreational, educational, and other public purposes.
E. To help eliminate the costly maintenance problems which develop when
streets and lots are laid out without proper consideration being given to the drainage
characteristics of the tract of land at the time the land is being subdivided into
streets and lots.
F. To expedite the proper provision of a full range of housing choice to and for
all the citizens.
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G. To help prevent the spread of urban blight and slums and to promote a safe
and healthy environment.
H. To assure adequate identification of property on the public records.
I. To encourage, in general, the wise development of the community in
harmony with the Comprehensive Plan, and for other purposes.
Section 104. Application. Within the jurisdiction of these Regulations, except as hereinafter
provided, no subdivision shall be made, platted, or recorded for purpose of sale, nor shall
parcels resulting from such subdivision be sold or offered for sale, unless such subdivision
meets all the requirements of these Regulations and has been approved by the Augusta
Planning & Development Department and the Augusta Commission (as applicable). The
owner or the agent of the owner of any land to be subdivided in Augusta, Georgia, who
transfers or sells or agrees to sell or negotiates to sell such land by reference to or by
exhibition of or by other use of a plat of subdivision of such land before such plat has been
approved by the Augusta Planning & Development Department and the Augusta
Commission (as applicable) and has been recorded in the office of the Clerk of Superior
Court shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as
provided in the Augusta, GA Code § 1-6-1; and the description by metes and bounds in the
instrument of transfer or other document used in the process of selling or transfer or other
document used in the process of selling or transfer shall not exempt the transaction from
such penalties. The Augusta Commission, through its enforcing agent, may enjoin such
transfer or sale or agreement by appropriate action.
Section 105. Exemptions. The combination or recombination of portions of previously platted lots
where the total number of lots is not increased and the resultant lots are in compliance with
the standards of these Regulations and all other Ordinances and Resolutions of Augusta,
Georgia, shall not be defined as subdivisions and shall be exempt from the requirements of
this Ordinance.
The Executive Director of the Augusta Planning & Development Department may also
exempt from the requirements of Article II the following types of subdivisions:
The division of any tract of land that is in one individual ownership into ten (10) lots
or less, provided that in such cases no new streets, street rights-of-way, or street
dedications are involved, provided that the street the property is fronting on must be
a street that is officially deeded to the Augusta, Georgia; provided further that no
utility, drainage, or other easements are found necessary; and no new or residual
parcels are created which do not conform to the requirements of these Regulations.
Such exempted subdivisions must be accompanied by whatever supportive
documentation shall be required by the Executive Director. The subdivider shall
disclose ownership or financial interest in any lands that adjoin the subject property,
and if there are plans to further subdivide any of this property then they shall be
disclosed in the form of an Overall Concept Plan. If the Overall Concept Plan
includes more than sixteen total lots or more than eight flagpole lots then the
subdivider shall conform to Articles II, III and IV. In no case shall more than sixteen
lots be subdivided from a parent parcel within any ten year period without
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conforming to Articles II, III and IV. At the discretion of the Executive Director,
compliance with Articles II, III and IV in whole or in part may be required.
The public or private acquisition of strips of land for the widening or opening of
streets.
The trading or exchanging of portions of previously platted and recorded properties
which are contiguous and which necessitate the creation of parcels not conforming
to the requirements of these Regulations provided that a statement is placed on the
plat to be recorded to the effect that such parcels are not created as individual
building lots, and are not approved as such, and that no building permit shall be
issued for construction on such parcels.
Section 106. Definitions. Words and phrases used in these Regulations shall have the meaning
or meanings set forth as follows. Words or phrases not herein defined shall have their
customary dictionary meanings where such meanings are not inconsistent with the context
and intent of these Regulations. When not inconsistent with the context and intent of these
Regulations, words used in the singular shall include the plural and words used in the
present tense shall include the future. The terms "shall" or "will" are mandatory, the word
"may" is permissive.
Building: A structure having a roof supported by columns or walls for the shelter, support
or enclosure of persons, animals, or chattels. When separated without connections, each
portion of such building shall be deemed a separate building.
Building Line, Front: A line parallel to the front property line in front of which no structure
shall be erected between the front building line and the front property line.
Building Line, Rear: A line parallel to the rear property line, behind which no structure shall
be erected between the rear building line and the rear property line.
Building Line Setback: The distance between the building line and the right-of-way
line/property line in a district, lot, tract, or parcel of land.
Building Line, Side: A line parallel to each side property line beyond which no structure
shall be erected between the side building line and the side property line.
Building, Main: "Main Building" means a building in which is conducted the principal use of
the lot on which it is situated. In any residential district any dwelling shall be deemed to be
a main building on the lot on which the same is situated. Main building, when used with
reference to ground coverage, shall mean the dimensions of the dwelling with the porches
and garages excluded.
Building Permit: A written permit issued by the Chief Building Official of Augusta, Georgia.
Commission: The Augusta Commission.
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Contractor: The developer or subdivider or his representative whether doing work on a
contract basis or working directly for the developer or subdivider.
Development Plan: A tentative subdivision plan, in lesser detail than the Final Plat,
indicating the approximate proposed layout of a subdivision as a basis for consideration
prior to preparation of the Final Plat.
Director: The Executive Director of the Augusta Planning & Development Department.
Dwelling: Any building or portion thereof which is designed or used exclusively for
residential purposes.
Easement: A grant by the property owner for use by the public, a corporation, or person(s)
of a strip of land for specified reasons.
Engineer: Shall mean the duly designated Engineer of the Augusta Commission to
perform the duties of engineer as herein specified, or the Director of Public Works of
Augusta, Georgia.
Final Plat: A complete and exact subdivision plat prepared for official recording as required
by these Regulations.
Frontage: The distance for which property abuts one side of a street, road, highway, or
other public way measured along the dividing line between the property and such road,
highway, or other public way.
Hardship (Variance): A hardship is a relaxation or variance of the terms of this Ordinance
where such variance will not be contrary to the public interest and where, owing to
conditions peculiar to the property, a literal enforcement of the Ordinance would result in
unnecessary and undue hardship.
Health Department: The Richmond County Health Department.
Improvements: Those physical additions and changes to the land that may be necessary
to produce usable and desirable lots.
Land or Territory Subdivisions: A parcel or tract of land, the dimensions of which are
shown on a map or filed with the Clerk of Superior Court of Richmond County, Georgia, as
of the date of the adoption of this Ordinance.
Lot, Corner: A lot which abuts on two or more streets and/or roads at their intersection, or
upon a curved street, provided that the two sides of the lot, or the tangents to the curve of
the street line at its starting points at or within the side lines of the lot, intersect to form an
interior angle of not more than 135 degrees.
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Lot Depth: The distance between front and rear lot lines. If two opposite sides of said lot
are not parallel, the depth shall be deemed to be the mean distance between the front and
rear lot lines.
Lot, Double Frontage: A continuous (through) lot of the same depth as the width of a block
containing two (2) tiers of lots and which is accessible from both of the streets upon which
it fronts.
Lot, Interior: A lot which is not a corner lot.
Lot of Record: A parcel of land the dimensions of which are shown on a map on file with
the Clerk of Superior Court of Richmond County, Georgia, or in common use by City
Officials, and which actually exists as so shown, or any part of such parcel held in a
recorded ownership separate from the ownership of the remainder thereof.
Lot Width: The width of the lot measured at the front building setback line.
Lot Line, Front: The front lot line of an interior lot separating the lot from the fronting street
right-of-way. The front lot line of a corner lot shall be the lot line upon which the principal
building entrance will front.
Lot Line, Rear: The rear lot line boundary opposite and more or less parallel to the front lot
line. The rear lot line of an irregular or triangular lot shall be for the purpose of this
Ordinance a line not less than ten feet long, lying wholly within the lot and parallel to and
the farthest distance from the front lot line.
Lot Line, Side: A side lot boundary line that is not a front lot line nor a rear lot line. A side
lot line separating a lot from a street line is an exterior side lot line. Any other side lot line is
an interior side lot line.
Master Plan (Comprehensive Plan): Any legally adopted part or element of the
Comprehensive or Master Plan. This may include, but is not limited to: the Zoning
Ordinance, Subdivision Regulations, Community Facilities Plan, Transportation Plan, and
Capital Improvements Program.
Natural Grade: The elevation of the ground adjoining the building.
Nonconforming Use: Any use that does not conform to the Regulations for the district in
which it is situated as of the effective date of adoption of this Ordinance.
Official Map: An Official Map of Augusta, Georgia, showing the location of streets, public
building sites, and public open spaces theretofore existing and established by law as public
streets, public building sites or public open spaces. This may include mapped boundary
lines of future streets, public building sites, public parks, playground or other public open
space areas or of existing sites or areas that are to be expanded. The Official Map may
include the whole or any part or parts of Augusta, Georgia.
Paving Width: That portion of a paved street that is permanently covered with asphalt or
any other accepted hard surface treatment.
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Person: Any individual, firm, partnership, business trust, co-partnership, corporation,
company, association, joint stock association or body politic, and includes any trustee,
receiver, assigns or other similar representative thereof.
Planned Unit Development: A design to provide for small and large scale developments
incorporating a single type or a variety of residential and related uses which are planned
and developed as a unit. Such development may consist of individual lots or it may have
common building sites.
Planning Commission: The Augusta-Richmond County Planning Commission.
Planting Strip: The portion of the street between the curb and the property line exclusive of
the area occupied by the sidewalk.
Roadway: That portion of a road which is improved, designed, or ordinarily intended for
vehicular use. Divided roads and roads with frontage or access roads have more than one
roadway. On undivided roads without frontage roadways or access roads, the roadway
width lies between the curb lines or between the pavement edges, whichever is
appropriate.
Shoulder: That portion of a roadway from the outer edge of the paved surface or the curb
to the inside edge of the ditch or gutter or original ground surface.
Sidewalk: That portion of a street or road available exclusively for pedestrian traffic.
Sign: Any words, lettering, parts of letters, figures, numbers, phrases, sentences,
emblems, devices, designs, trade names, or trademarks by which anything is made known
such as are used to designate an individual, a firm, an association, a corporation, a
profession, a business, or a commodity or products, which are visible from any public
highway and used to attract attention.
Single-tier Lot: A lot which backs upon a limited-access highway, a railroad, a physical
barrier, a major arterial, a nonresidential use and to which access from the rear of the lot is
usually prohibited.
Sketch Plan: General freehand drawing of the tentative subdivision plat proposal.
Staff: The staff of the Augusta Planning & Development Department.
Street: A public thoroughfare, twenty feet or more wide, where public title to land extends
between right-of-way lines. Whenever the sense of the law or these Regulations so
require, the word "street" shall include avenue, drive, circle, road, highway, or similar terms
as they are generally understood.
Streets, Arterial: Higher order, interregional streets that convey traffic between centers.
There should be no curb parking and ideally there would be limitations on access to
frontage properties. Most traffic would not have origins or destinations within the
immediate area traversed.
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Streets, Collector: Streets that connect minor streets to higher order streets, either
collectors or arterials. Such streets function to promote free traffic flow, therefore curb
parking should be prohibited and special building setbacks and/or lot width should be
required. Collectors should be designed so as not to be attractive as shortcuts by traffic
that has neither an origin or destination within a neighborhood or an immediate area
traversed. Residential collectors should have sidewalks on at least one side. Collector
streets should be designed to accommodate a maximum ADT of 3,000.
Streets, Minor or Residential: Streets that provide access to frontage properties and are
designed to carry traffic having origins or destinations within the immediate area traversed.
Such streets are not designed to interconnect adjoining neighborhoods, subdivisions, or
non-residential areas. They should be designed so that no segment has an ADT greater
than 500. A loop street may be considered two separate streets but the design ADT at any
point shall not exceed 500.
Streets, Residential Collector: The highest order of residential street. Conducts and
distributes traffic between lower-order residential streets and higher-order streets (arterials
or expressways). Such streets function to promote free traffic flow; therefore, curb parking
should be prohibited and special setbacks and/or lot widths should be required.
Residential collectors should be designed to prevent use by non-neighborhood traffic.
Total traffic volume should not exceed 3,000 ADT.
Street Line or Right-of-way: The dividing line between a lot, its property line or lines, and a
public right-of-way; a public street, road or highway; or a private street, road, or highway,
over which two or more abutting owners have an easement or right-of-way.
Street Width: The horizontal distance between the right-of-way lines of the street,
measured at right angles to the right-of-way lines.
Structure: Anything constructed or erected, the use of which requires more or less
permanent or semi-permanent location on the ground or the attachment to something
having a permanent location on the ground or water. (The term includes buildings, houses,
stores, gasoline pumps, automobile house trailers, advertising signs, billboards, trailers,
coaches, mobile homes, commercial mobile units, commercial boats, or structures from
which products are vended and similar objects.)
Subdivider: Any person, firm or corporation who subdivides or develops any land deemed
to be a subdivision as herein defined.
Subdivision: The division of a lot, tract or parcel of land into two or more lots, plats, sites,
or other divisions of land for the purpose, whether immediate or future, of sale or of
building development for purposes other than agricultural. It includes resubdivision and
when appropriate to the context, relates to the process of subdividing or to the land or
territory subdivided.
Yard: An unoccupied area of a lot, open and unobstructed from the ground to the sky,
except as otherwise provided in the Zoning Ordinance.
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Yard, Front: An open space extending the full width of a lot and of a depth measured
horizontally at right angles from the front lot line to the front of the structure.
Yard, Rear: An open space extending the full width of a lot and of a depth measured
horizontally at right angles from the rear lot line to the rear of the structure.
Yard, Side: An open space extending along the side line of a lot between the front yard
and the rear yard and of a width measured horizontally at right angles from the side lot line
to the side of the structure.
Variance): A relaxation or variance of the terms of this Ordinance where such variance will
not adversely affect public health, safety and welfare, and where, owing to conditions
peculiar to the property, a literal enforcement of the Ordinance would result in unnecessary
hardship for the applicant.
Zoning Ordinance: The Ordinances recommended by the Augusta Planning &
Development Department and adopted by the Augusta Commission.
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ARTICLE II
Procedure for Approval of Subdivision Plats
Section 200. Pre-Application
A. For tracts or developments which might be expected to ultimately yield 200 or more
lots, a subdivider shall submit a Sketch Plan to the Augusta Planning &
Development Department prior to the formal filing of an application for approval of a
Development Plan. For other tracts or developments, the filing of a Sketch Plan is
optional. The Sketch Plan does not require formal application, payment of a fee, or
appearance before the Augusta Planning & Development Department. When
submitted, the Sketch Plan shall show in simple sketch form the proposed layout of
street, roads, and other features in relationship to existing conditions.
The Sketch Plan would be used to assess, among other things, the number of
entrances needed for the subdivision and/or the need for a current or future traffic
light. It should be noted that adequate traffic control, per the MUTCD and/or the
requirement of the Traffic Engineer, is the responsibility of the Developer.
B. Review of Sketch Plan. All review during the pre-application, or Sketch Plan,
process shall be carried out by the Augusta Planning & Development Department,
with the aid of other City Reviewing Agents as deemed necessary, and no hearing
before the Planning Commission is intended to be required by these Regulations
during the pre-application procedure. Within 15 days of submission of the Sketch
Plan, the Executive Director shall inform the subdivider wherein the plans and data
as submitted or as modified do or do not meet the objectives of these Regulations,
general design standards, and other rules and regulations. The response from the
Executive Director shall also inform the subdivider as to how said objectives may be
met. For tracts or developments which might be expected to ultimately yield 200 or
more lots overall, the Sketch Plan shall be approved by the Executive Director prior
to the formal filing of an application for approval of a Development Plan. After two
Sketch Plan submissions to the Executive Director, the subdivider may appeal to the
Planning Commission. In no case shall the Sketch Plan be binding on the process
for approval of the Development Plan.
Section 201. Approval of Development Plan. The following procedures shall be followed for
approving a Development Plan.
A. No improvements shall commence until the Augusta Planning & Development
Department has given approval to the Development Plan and all improvements
thereafter shall conform to the Development Plan.
B. If the proposed water or sewerage system for a subdivision requires the approval of
the Georgia Department of Public Health and/or the Georgia Water Quality Control
Board, this approval shall be obtained prior to making written application to the
Planning Commission for approval of the Development Plan. This approval by the
Georgia Department of Public Health and/or the Georgia Water Quality Control
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Board shall be in writing and shall accompany the application for approval to the
Augusta Planning & Development Department.
C. Written application for approval of a Development Plan shall be made in the office of
the Augusta Planning & Development Department by the subdivider or his
authorized representative and shall include all information as specified in Article III
and elsewhere in these Regulations.
D. Ten (10) complete sets and eight (8) copies of sheet number one (1) -- sheet
showing lot layout and easements -- of the Development Plan shall be filed with the
Augusta Planning & Development Department at the time of application. The
Augusta Planning & Development Department shall thereafter forward for review
such copies as follows:
1. One (1) copies shall be filed with the Engineering Department.
2. Four (4) copies shall be filed with the Utilities Department if the subdivision is
to be served with public water and/or sewer.
3. One (1) copy shall be filed with the Traffic Engineer.
4. One (1) copy shall be filed with the Fire Department.
5. One (1) copy shall be filed with the Soil Conservation Service.
6. One (1) copy shall be filed with the Board of Health, if applicable.
7. One (1) copy of sheet number one (1) shall be filed with the Georgia Power
Company or Jefferson Electric, whichever is applicable.
8. One (1) copy of sheet number one (1) shall be filed with Georgia Natural Gas
9. One (1) copy of sheet number one (1) shall be filed with Bellsouth.
10. One (1) copy of sheet number (1) shall be filed with Comcast.
11. One (1) copy of sheet number (1) shall be filed with E-911.
12. One (1) copy of sheet number (1) shall be filed with Georgia Power –
Transmissions.
13. One (1) copy of sheet number (1) shall be filed with the Augusta Post
Office
14. One (1) copy of sheet number (1) shall be filed with the Augusta GIS
Dept.
15. One (1) copy shall be retained by the Augusta Planning & Development
Department.
Seven (7) copies shall be submitted. Once the Development Plan has been
reviewed and approved and after hearing by the Planning Commission, the
Development Plan shall be stamped in accordance with the approval of the Planning
Commission, and the copies shall be distributed as follows:
1. Two (2) copies shall be returned to the applicant at the Pre-Construction
conference
2. Three (3) copies shall be retained by the Engineering Department
3. One (1) copy shall be submitted to the NPDES Inspector for inspections
purposes
4. One (1) copy shall be retained by the Augusta Planning & Development
Department
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E. Within 30 days of receipt of Development Plans, reports shall be submitted to the
Augusta Planning & Development Department by all agencies to which plans are
directed, and such reports shall become part of the findings of the Augusta Planning
& Development Department. Plans which must be resubmitted due to
disapproval(s) from reviewing agencies, will begin another 30 day review period.
F. Following submission of the Development Plan and all other material(s) submitted
for conformity thereof to these Regulations, the Augusta Planning & Development
Department shall, within 45 days, take action to approve, to approve with
contingencies, or to disapprove the Development Plan. Disapproval may be given
based upon failure to comply with any or all requirements of these Regulations. The
subdivider may agree in writing to waive the 45 day take action period if the results
of the action would cause the Development Plan to be disapproved.
Development Plans disapproved by the Augusta Planning & Development
Department for lack of reviewing agency approval must be resubmitted including all
applicable forms, fees and number of Plans.
G. The Executive Director may, at his discretion, approve, approve with contingencies,
or disapprove a Development Plan administratively if all the conditions for approval
in this Ordinance have been complied with. When administrative approval has been
granted, then the Planning Commission shall be notified by placing the approved
Development Plan on the next meeting agenda.
H. The action of the Planning Commission shall be expressed in writing, a copy of
which shall be sent to the subdivider. One (1) copy of the notice of action taken
shall be retained permanently in the files of the Augusta Planning & Development
Department.
I. Approval of a Development Plan shall not constitute approval of the Final Plat.
Such approval shall be deemed an expression of approval of layout and manner of
development of a subdivision and an authorization for the subdivider to proceed with
development in accordance with the approval granted.
J. Approval of a Development Plan shall apply for two (2) years. Where a subdivision
is being developed in sections, the two (2) years shall be measured from the date of
the most recent Final Plat approval granted to a portion of the subdivision. A
subdivider may request, and the Planning Commission may grant, an extension of
time for good cause; however, an approval of a Development Plan shall never
extend for a period of more than five (5) years from the date of first approval. The
Augusta Planning & Development Department shall terminate an approval of a
Development Plan after two (2) years unless formal request for an extension of time
is made.
K. At the time of application for approval, the subdivider shall pay a fee that has been
calculated by the City of Augusta as representative of the cost of processing and
administering a Development Plan.
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Section 202. Approval of Final Plat. The procedure for obtaining approval of a Final Plat shall be
as follows:
A. Written application for approval of the Final Plat together with all required exhibits as
required herein shall be made in the office of the Augusta Planning & Development
Department by the subdivider.
B. Eight (8) copies of the Final Plat shall be filed with the Augusta Planning &
Development Department at the time of application. The Augusta Planning &
Development Department shall thereafter file such copies as follows:
1. One (1) copies shall be filed with the Engineering Department.
2. Four (4) copies shall be filed with the Utilities Department if the subdivision is
to be served with public water and/or sewer.
3. One (1) copy shall be filed with the Traffic Engineering Department
4. One (1) copy shall be filed with the County Board of Health, if applicable.
5. One (1) copies shall be retained by the Augusta Planning & Development
Department.
Two (2) mylars and six (6) copies shall be submitted once the Final Plat has been
reviewed and approved and after hearing by the Planning Commission and Augusta
Commission, the Final Plat shall be stamped in accordance with the approval of the
Commission, and the copies shall be distributed as follows:
1. One (1) mylar shall be retained by the Augusta Planning & Development
Department
2. One (1) mylar shall be returned to the Developer
3. Two (2) copies shall be retained by the Augusta Planning & Development
Department
4. Four (4) copies shall be returned to the Developer
C. Reports shall be submitted to the Augusta Planning & Development Department by
all agencies to which copies are directed, and such reports shall become part of the
findings of the Augusta Planning & Development Department. The staff shall only
place an application for approval of a Final Plat on the Planning Commission's
agenda when all Regulations have been complied with.
D. The Executive Director may, on behalf of the Planning Commission, approve,
approve with contingencies, or disapprove a Final Plat administratively if all the
conditions for approval in this Ordinance have been complied with. When
administrative approval has been granted, then the Planning Commission shall be
notified by placing the approved Final Plat on the next meeting agenda.
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E. The Planning Commission shall take action to recommend approval or denial of a
Final Plat. If the recommendation is for denial, then the plat shall not be forwarded
to the Commission. If the recommendation is for approval, then the Final Plat shall
be forwarded to the Commission for a final decision at the earliest convenience,
allowing for normal administrative procedures. A Final Plat may be disapproved for
failure to comply with any and all requirements of these Regulations, or for failure to
comply with any other applicable Code, Rule, or Regulation of Augusta, Georgia, or
any applicable state law.
F. Prior to approval of a Final Subdivision Plat by the Commission, the subdivider shall
complete all improvements required by the Subdivision Regulations, as amended.
All improvements shall be completed in a manner satisfactory to the Augusta
Planning & Development Department and the City Engineer. Final Plat approval
shall not be granted until the Deed of Dedication and Maintenance Agreement for
such improvements has been submitted to the City Engineer.
G. Deleted August 2004.
H. Deleted August 2004.
I. The City Engineer shall regularly inspect for defects in the construction of required
improvements. Upon completion of these improvements, the City Engineer shall file
with the Commission a statement either stating that to the best of his knowledge and
belief the improvements have been completed in accordance with applicable
Regulations or listing the defects in those improvements; provided, however, no
such representation shall be deemed a certification or warranty of design or
workmanship to any third party and shall not be deemed a waiver of the
Commission’s right to require corrective work should a defect be discovered or a
waiver of sovereign or other immunity . Upon completion of the improvements, the
subdivider shall file with the Commission a statement certifying the following:
(a) That all required improvements are complete;
(b) That these improvements are in compliance with the minimum
standards specified;
(c) That the subdivider knows of no defects from any cause, in those
improvements; and
(d) That these improvements to be dedicated are free and clear of any
encumbrance or lien.
The subdivider shall also file with the Commission an agreement dedicating such
improvements to Augusta, Georgia. If the City Engineer has certified that the
required improvements are complete and free of defects, then upon receipt of the
other statements and agreements detailed above, the Commission shall accept
dedication of those improvements.
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J. Upon acceptance, in accordance with (I), of the dedication of the required
improvements, the Commission shall authorize the release of any improvement
guarantees. If any portion of the required improvements shall fail to be accepted for
dedication in accordance with (I) within the allocated time limit, either for reason of
incompletion or for reason of substandard construction, then the Commission shall
declare the guarantee pledged under (G) to be forfeited. Upon receipt of the
secured funds, the Commission shall use them to finance the completion of required
improvements or the rebuilding of such improvements to proper specification.
Unused portions of the bonded amount shall be returned to the surety company.
K. The actions taken by the Planning and Development Department and the
Commission shall be expressed in writing, copies of which shall be sent to the
subdivider. Copies of the notice of action shall be retained in the permanent files of
the Augusta Planning & Development Department.
L. The original of the Final Plat shall be returned to the subdivider and shall show the
approval of the Planning Commission over the signatures of the Chairman or Vice-
Chairman, the Secretary or Executive Director, and the Commission if final approval
is granted.
M. Effective January 1, 2001, all Final Plats together with Protective Covenants shall be
recorded with the Clerk of Superior Court by the subdivider or his authorized agent
within 90 days of the date of approval by the Augusta Planning & Development
Department, the Planning Commission and/or the governing body.
N. Approval by the Augusta Planning & Development Department or the Planning
Commission of a Final Plat shall not constitute nor affect an acceptance by the City
of the dedication of any street or other ground shown on the plat.
O. All requests for Final Plat approval shall be accompanied by an 18 months
maintenance agreement and deed(s) of dedication for all streets, land, easements,
storm drainage, sanitary sewer systems and water systems conveying the same to
Augusta, Georgia. The form of these documents shall be as approved by the City
Attorney. These documents shall be fully executed by the grantor/subdivider with the
date blank, to be filled by the Commission with the date of acceptance of the deeds
of dedication. Acceptance of streets and other improvements shall be accomplished
by executing the deeds of dedication.
P. A descriptive note providing the following information:
1. Outfall(s) Information – Location, Size and Shape
2. Land Use – Commercial, Industrial, Residential, etc.
3. Acreage of on-site and off-site drainage areas contributing to discharge from
development
4. Acreage of Impervious Drainage Area
5. Name of Receiving Drainage Basin
Attachment number 4
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Q. A descriptive note describing any permanent or temporary Best Management
Practices (BMP's) used to impact or target Water Quality.
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Section 203. Performance Guarantee.
A. Generally. If all improvements as required by the Augusta Planning & Development
Department’s approval of the Development Plan are not properly installed and
constructed in accordance with the required standards prior to the submission of a
Final Plat application, the subdivider shall provide to the Executive Director an
acceptable Performance Guarantee to assure future installation and construction of
the improvements as required. The amount of the Performance Guarantee shall be
set by the City Engineer and shall be (in the opinion of the City Engineer) the cost of
the remaining improvements plus 25%. To assist the City Engineer in calculation of
the Performance Guarantee, a copy of the Contract Document for the project, a
copy of all contractors fees paid to date, and a certification from a Professional
Engineer stating the value of the work remaining on the site must be submitted to
the City Engineer. The cost of any additional surveying, engineering, Final Plats or
as-builts (as applicable) must be included in the calculation for the Performance
Guarantee.
The Performance Guarantee must be in the acceptable format described in (e)
below, accepted by the Augusta Planning & Development Department, and must
include a specific, reasonable and satisfactory date for the completion of the
necessary improvements. In no case shall the Performance Guarantee be valid for
more than one (1) year, nor for less than 90 days.
B. Return of Guarantee. When the improvements have been completed and approved
for conformity with these regulations the Performance Guarantee shall be released
and returned. When any portion of the required improvements have been
completed and approved, a portion of the Performance Guarantee commensurate
with the cost of these completed improvements may be released and returned.
C. Default of Guarantee. In the event the subdivider fails to install or construct the
required improvements during the specific time allotted and in conformity with these
regulations, the Performance Guarantee is forfeited to the Augusta, GA to be used
for the completion of the improvements.
D. Extensions of Guarantee. If it appears to the developer that he may not complete
construction of required improvements before expiration of his Performance
Guarantee, it shall be his obligation, at least sixty (60) days prior to said expiration,
to submit an extended Performance Guarantee to the Executive Director of the
Augusta Planning & Development Department. Such extended Performance
Guarantee must also be approved by the City Attorney and accepted by the Augusta
Planning & Development Department. Such extension shall be for a period of six (6)
months. A maximum of two (2) such extensions shall be allowed.
E. Acceptable format for Performance Guarantee. Any deviation from the acceptable
format below may delay acceptance of this instrument:
Attachment number 4
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STATE OF GEORGIA
CITY OF AUGUSTA
RICHMOND COUNTY
PERFORMANCE GUARANTEE
KNOW ALL MEN BY THESE PRESENTS that we, _________________, as principal, and
__________________, as security, are held and firmly bound unto Augusta, Georgia, as obligee, in the sum
of $ _____, for payment whereof to the obligee, the principal and security bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly to these presents:
Signed, sealed, and dated, this ____ day of ___________________, 20___.
WHEREAS, application was made to the obligee for approval of a subdivision shown on a Final Plat
entitled "_______________________________", dated ________________, 20___, and filed with the
Augusta Planning & Development Department and said Final Plat was approved upon certain conditions,
one of which is that a Performance Guarantee in the amount of $ ______ be filed with the Augusta Planning
& Development Department to guarantee certain improvements in said subdivision;
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the above-named
principal shall, within ______ from the date hereof (in no case shall the Performance Guarantee be valid for
more than two years), truly make and perform the required improvements and construction of public
improvements in said subdivision in accordance with Augusta, Georgia specifications, then this obligation
will be void; otherwise it will remain in full force and effect.
It is hereby understood and agreed that in the event any required improvements have not been installed
within the term of this Performance Guarantee, the Augusta Commission or the Augusta Planning &
Development Department may thereupon declare this Performance Guarantee to be in default and collect the
sum remaining payable thereunder, and upon receipt of the proceeds thereof, Augusta, Georgia shall install
such improvements as are covered by the Performance Guarantee.
It is further understood and agreed that when the required improvements have been approved for conformity
with these regulations by the Augusta Commission or by the appropriate Augusta, Georgia government staff,
the Performance Guarantee shall be released and returned. In addition, if any portion of the required
improvements is completed by the principal and approved by the appropriate Augusta, Georgia government
staff, a portion of the Performance Guarantee commensurate with the cost of these completed improvements
may be released and returned. In no event shall a Performance Guarantee be reduced below twenty-five (25)
percent of the principal amount until all improvements have been approved by the appropriate Augusta,
Georgia government staff.
_______________________________(L.S.)
Approved and accepted this ___ day of Principal
________________, 20___ by the ________________________________(L.S.)
Augusta Commission Security
______________________________
Chairman
________________________________
Clerk
Attachment number 4
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The surety as specified herein shall be a corporate surety licensed to do business in the State of Georgia. In
lieu thereof, the principal may post an Irrevocable Letter of Credit from a bank licensed to do business by
the State of Georgia or any federally insured lending institution.
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F. Acceptable format for Irrevocable Letter of Credit. Any deviation from the acceptable format
below may delay acceptance of this instrument.
(On Bank Letterhead)
(Date)
IRREVOCABLE LETTER OF CREDIT #
U.S. $ (Amount)
Augusta Planning & Development Department
525 Telfair Street
Augusta, GA 30901
RE: (Name of Subdivision or Development)
Gentlemen:
We hereby establish our Irrevocable Letter of Credit #___________ in your favor for (Name and Address of
Principal) and thereby undertake to honor your drafts at sight on us after (Date) not exceeding in the
aggregate (Dollar Amount). ($______). Each such draft must be accompanied by the following documents:
1. A written certificate executed by the appropriate and authorized Augusta, Georgia
government staff stating that (Principal) has failed to make the required improvements within
the term of the attached Performance Guarantee and that the amount of said draft represents
the actual amount of funds due you as a result of his failure to perform as contracted.
2. All drafts drawn under this credit must be marked "Drawn under (Name of Bank)'s Letter of
Credit #_________, dated _________________, 2004.
This credit is valid until (Date). Drafts drawn hereunder, if accompanied by documents as specified above,
will be honored if presented to (Name of Bank) on or before said date at (Address of Bank).
It is further understood and agreed that when the required improvements have been approved for conformity
by Augusta, Georgia, this Letter of Credit shall be released and returned. In addition, when any portion of
the required improvements has been completed and approved, the Letter of Credit may be reduced by an
amount commensurate with the cost of these completed improvements. In no event shall the Letter of Credit
be reduced below (Dollar Amount) ($_________).
Except as otherwise expressly stated herein, this credit is subject to the "Uniform Customs and Practice for
Documentary Credit," ICC Publication 290, 1974 Revision.
(Name and Title of Bank Officer)
cc: Principal
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ARTICLE III
Requirements for Development Plans and Final Plats and Provision for Inspection
Section 300. Development Plan - Size and Scale of Drawings. Development Plans shall be
drawn to scale no smaller than 1" equals 200'. Where large areas are being planned, they
may be drawn on one or more sheets which shall not exceed 24 by 36 inches in size. For
small areas being planned, a scale of 1" equals 100' shall be used, provided that the
drawing shall not exceed 24 by 36 inches in size.
Section 301. Development Plan - To Show Overall Development.
A Even though a subdivider intends to subdivide only a portion of a large tract of land
initially, the Development Plan shall show a proposed street and lot layout, contours,
drainage plan and other requirements for the entire parcel or tract of land in which
such portion is contained. The Augusta Planning & Development Department may
waive this requirement upon a finding that such a complete layout is not necessary
to carry out the intent and purpose of these Regulations. Notice shall be given if a
subdivider requests to change an approved Overall Development Plan after a Final
Plat for a section or for the entire development has been approved. The placement
of a sign indicating the nature of the change in a conspicuous location on the
property not less than 15 days prior to the date of the hearing shall constitute
adequate notice.
B. If a subdivision is proposed to be developed in sections, then the Development Plan
for each section must stand on its own merit. All detention/retention, road, and soil
erosion control facilities needed to adequately serve a specific section shall be
constructed as part of the section that is submitted for approval.
Section 302. Development Plan - Information To Be Included.
A. The development name, scale, north arrow with reference, date of plan preparation
and revision(s) (if any); name, address and telephone number of subdivider; name,
address and telephone number of owner; and name, address and telephone
number of engineer or surveyor together with his state registration number, seal,
and signature.
B. Site Data to Include:
1. Tax Parcel Number;
2. Zoning Classification;
3. Acreage of the land involved;
4. Acreage of the area to be developed;
5. Total number of lots;
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6. Total number of lots to be developed.
C. The bearings and distances of the perimeter of the land involved with accurate
reference to a known point or points such as street intersections, railroad crossings,
and/or US Government monuments.
D. Names of adjacent landowners together with all intersecting boundaries or property
lines. Zoning of adjacent property.
E. Proposed divisions to be created including right-of-way widths, roadway widths,
curve data for roadways, proposed utility installations, lot lines with dimensions, lot
numbers and block numbers for all lots, sites reserved or dedicated for public uses,
and sites for other principal uses (specify maintenance responsibility). Minimum
building lines (front, side, and rear), and existing and proposed easements, and
clear view easements must be delineated. (as applicable)
F. Statement as to whether streets are to be private. If private, a draft of the Home
Owners Association documents shall be submitted indicating responsibility for
maintenance of streets, common areas, parking areas or any other areas of the
subdivision not deeded to the Commission.
G. Dead-end streets, intended to be continued at a later time, shall be provided with a
turn-around with a diameter of not less than 60 feet.
H. Existing streets on and adjacent to the tract (delineate right-of-way and pavement)
showing name of street, right-of-way, location, type, width and elevation of
surfacing, any legally established centerline elevations, walks, curbs, gutters and
culverts. (Connection to State Highways will require permits from GA DOT).
Delineate streets that intersect on opposite sides of adjacent roadway.
I. Proposed street names and existing street names.
J. All existing physical features of the land, including contours, drainage ditches,
streets, and wooded areas. The contour interval shall be two (2) feet unless
otherwise approved in advance of application submission by the Department of
Public Works, and the Executive Director of the Planning Commission. All contour
information shall be based on sea level datum and shall be accurate within one-half
contour interval. The Bench Mark, with its description and datum shall be clearly
shown on the Plan. Within fifteen (15) days of a written request of the subdivider or
his engineer, the Department of Public Works shall provide the subdivider with the
Bench Mark within one thousand (1,000) feet of the proposed.
K. General drainage features and plan of proposed storm drainage facilities with
hydrology study (1 set). Provide at least one copy of pipe sizing, detention /
retention sizing and other calculations required for review of this plan.
L. Individual sewerage disposal systems shall be designed and installed in accordance
with current Health Department Regulations.
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M. A note shall appear on the Development Plan to the affect that if individual water
supply or sewage disposal systems are to be utilized, such information as needed
by the Board of Health or other agencies shall be the responsibility of the subdivider.
N. Plan of proposed water supply with tie to the nearest public water supply.
Delineate location of all existing and proposed fire hydrants.
O. Plan and profile of proposed sanitary sewer with tie to existing sewerage system.
Sewer design computations shall accompany the Development Plan furnished to the
Department of Public Works.
P. Street grades and cross-sections must be provided.
Q. A location map of the subdivision at a scale no smaller than 1 inch is equal to 1,000
shall show the relationship of the proposed subdivision to the surrounding area and
the existing community facilities which serve or influence it.
R. Location of all utilities existing and proposed including water supply and sewerage
systems.
S. Location of all easements existing and proposed.
T. A Soil Erosion Sediment Control Plan of the proposed development (if larger than
1.1 acre), with hydrology study 1 set. Soils data as provided in the Soil Survey,
Richmond County. This information is obtainable from the Soil Conservation
Service Office. A statement from the Tax Official's office that ad valorem taxes
owed and due have been paid and a SESC checklist must be provided with the
submittal.
U. Heavy outline of 100 year flood plain and note thereof. Any disturbances within
flood plain limits must comply with the Flood Damage Prevention Ordinance. If the
property is not in a 100 year flood plain, write note stating such.
V. For lots within a 100 year flood plain, a finished floor elevation (3) feet above 100
year base flood elevation) must be noted on each lot.
W. A statement of the following: "I am the owner of the property affected by this
Subdivision Development Plan. Prior to approval of the Final Plat, I will submit a
notarized statement as follows: I certify that the site improvements to be dedicated
are complete and in accordance with the approved plans and specifications, that I
know of no defects from any cause in the improvements, and that the improvements
are free and clear of any encumbrance or lien. This certification will be based on
observations of and supervision of construction by me or my representative. I
understand that the Final Plat will not be approved until this certification has been
made."
X. The location of known gravesites and cemeteries located on the property. If
gravesites or cemeteries are discovered after Development Plan approval but prior
to approval of a Final Plat, information must be submitted to the Augusta Planning &
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Development Department so that the location of such gravesites or cemeteries can
be noted on the Development Plan. The Development Plan must illustrate
measures that will be taken to preserve such cemeteries or gravesites including
perimeter fencing, a public access easement to a public roadway, and signs as
needed to identify the cemetery.
Y. The location of stop signs (and other traffic control devices as required by the Traffic
Engineer) including a statement to the effect that the subdivider shall be responsible
for the initial installation of the signs (and other traffic control devices).
A note shall appear on the Development Plan as follows: "Sign Sheeting
Requirements for Regulatory, Warning and Guide Signs shall be fabricated using
High Intensity, Retroreflective sheeting meeting the American Society of Testing and
Materials specifications for D 4956 Type III or higher".
Adequate traffic control, per the MUTCD and/or the requirements of the Traffic
Engineer, is the responsibility of the Developer.
Z. An executed wetland indemnification form provided by the Augusta Planning &
Development Department accepting responsibility for activities that would be
affected by Section 404 of the Clean Water Act of 1977 and require permitting by
the U.S. Army Corps of Engineers;
A delineation of any wetland areas that are shown on the National Wetland
Inventory Maps or identified through field studies. Evidence that a preconstruction
notification with the Corp. has been filed pursuant to Section 404 of the Clean Water
Act, or statements from properly accredited professionals in wetland identification as
to why they are not needed must be provided before a development plan/site plan
may be approved.
AA. For any Development Plan that includes wetlands that are shown on the National
Wetland Inventory Maps and subject to permitting by the US Army Corps of
Engineers under Section 404 of the Clean Water Act of 1977, the following must be
submitted:
• Location, dimensions and area of all impervious surfaces, both existing and
proposed, on the site.
• The orientation and distance from the boundaries of the proposed site to the
nearest bank of an affected perennial stream or water body.
• Location and detailed design of any spill and leak collection systems designed
for the purpose of containing accidentally released hazardous or toxic materials.
• Calculations of the amount of cut and fill proposed and cross-sectional drawings
showing existing and proposed grades in areas of fill or excavation. Elevations,
horizontal scale and vertical scale must be shown on cross-sectional drawings.
BB. A note to the effect that "Approval of Augusta, Georgia is for the improvements
shown on the Development Plan. Any variation from the approved Development
Plan must be approved by the City Engineer."
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CC. Statement reserving five foot easements along all side lot lines and ten foot
easements along all rear lot lines, unless otherwise shown, for drainage and utilities.
DD. A fence or indemnity form is required for all detention or retention areas.
EE. A note to the effect that a preconstruction conference shall be held with the City
Engineer or his designated representative prior to beginning construction. This
meeting shall be scheduled with the Department of Public Works and Engineering at
the time the notification of work commencement is given.
FF. A note as follows: "The cost of inspection by the City of Augusta's Department of
Public Works and Engineering, before or after regular working hours, on Saturdays,
Sundays or Legal Holidays, shall be paid for by the individual requesting the
inspection at a rate of 1 ½ times the regular salary per hour of the inspector plus
7.65% for the employer's FICA/Medicare match. Approval for the inspection outside
of normal working hours shall be obtained from the City Engineer 48-hours in
advance. Prior to the commencement of work requiring inspection outside of normal
working hours, the individual requesting the inspection shall sign a form which is
furnished by the Department of Public Works and Engineering agreeing to pay the
overtime. The individual requesting the inspection will be billed by the Department
of Public Works and Engineering for payment."
GG. If the subdivision is to be deeded to the City, add a statement that "All Construction
shall meet Augusta Standards and Specifications". If the subdivision is a private
subdivision, add the note: "All Construction within Augusta R/W shall meet Augusta
Standards and Specifications".
HH. A descriptive note providing the following information:
1. Outfall(s) Information - Location, Size and Shape
2. Land Use - Commercial, Industrial, Residential, etc.
3. Acreage of on-site and off-site drainage areas contributing to discharge from
development
4. Acreage of Impervious Drainage Area
5. Name of Receiving Drainage Basin
II. A descriptive note describing any permanent or temporary Best Management
Practices (BMP's) used to impact or target Water Quality.
JJ. A note shall be added to the Development Plan as follows: The Contractor shall be
required to have on site a copy of the Georgia Department of Transportation's
Standard Specifications and Construction Standard Details, current edition.
KK. The sight distance and posted speed limit for every access onto an existing public or
private roadway must be indicated.
LL. All structures within 100’ of a proposed detention/detention pond shall be
delineated.
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MM. The completed GA NDR-NPDES Checklist shall be included with the application.
Section 303. Development Plan - Utilities, Drainage, and Street Improvements.
A. Water distribution systems shall be designed to meet the standards set forth in the
Water and Sewer System Design Technical Manual. They shall provide an
adequate supply of water for domestic and fire purposes, with sufficient pressure in
the mains to meet minimum standards for fire purposes at all times in accordance
with Underwriter's Standards. A water connection to each lot shall be provided.
B. Where individual water systems are utilized, they must conform to the standards set
forth in the Water and Sewer System Design Technical Manual, and all rules and
Regulations of the Board of Health or other applicable laws.
C. Sewerage systems shall be designed to meet the Standards set forth in the Water
and Sewer System Design Technical Manual.
D. Where individual sewage disposal systems are used, they must conform to the
standards set forth in the Water and Sewer System Design Technical Manual and
all rules and Regulations of the Board of Health or other applicable laws.
E. The subdivider shall provide the subdivision with a governmental water supply
where governmental water supply is available within one thousand (1,000) feet of
the property, unless it can be demonstrated to the Utilities Department that it is
economically unfeasible to do so.
F. The subdivider shall provide the subdivision with a governmental sanitary sewerage
system where a governmental sanitary sewerage system is available undred (500)
feet of the nearest point of the subdivision unless it can be demonstrated to the
Board of Health that it is economically unfeasible to do so.
G. All approvals of Development Plans shall be accompanied by approval of street
plans and profiles and a detailed drainage plan by the Planning Commission and the
Department of Public Works. Such plans shall conform to the Street and Road
Design Technical Manual and other applicable Regulations.
1. Street plans shall demonstrate conformity with the design and construction
guidelines. Copies of street plans, profiles, and typical cross sections shall
be submitted with the Development Plan. The street plans and profiles shall
show the existing ground surface and proposed street grades, including
extensions for a distance of two hundred (200) feet beyond the limits of the
proposed subdivision unless access to adjacent property is denied. The
proposed typical cross section for the entire right-of-way widths of proposed
streets shall be shown. The vertical profile scale shall be 1" equals 10'
maximum and the horizontal profile scale shall be 1" equals 100' maximum.
The Bench Mark with its description and datum shall be clearly shown on the
profile sheet. The street plans shall show curve data based on the arc
method.
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2. The street plans and profiles shall be accompanied by a drainage plan
showing proposed grades and cross sections of ditches and proposed pipe
and ditch sizes for the entire tract or parcel.
3. Stormwater retention facilities must be designed to meet the minimum
standards set forth in the Stormwater Management Technical Manual.
H. The Commission shall not be responsible for any internal subdivision drainage other
than as outlined in the Deed of Dedication. The Commission shall not be
responsible for off-site acquisition of drainage or utility easements. This does not
imply that the subdivider will be responsible for the maintenance of these facilities
after they have been deeded to the Commission.
Section 304. Pre-Construction Conference. A pre-construction conference may be required
by the City Engineer at his discretion. A notation on the Development Plan will
be made to this effect when such a conference is required. Construction
pursuant to the Development Plan shall not commence until the conference has
been held.
Section 305. Development Plan - Inspection. Every site proposed for a subdivision shall be
inspected by the Augusta Planning & Development Department, the Department of Public
Works, and the Health Department, if individual sewerage systems are to be used, prior to
approval of the Development Plan.
Section 306. Final Plat - Size and Scale of Drawings. A Final Plat shall have a maximum sheet
size of 18 by 24 inches, and the Final Plat shall be drawn at a scale of 1" equals 100' or
larger. When necessary, the plat may be on several sheets accompanied by an index
sheet or key map on each sheet showing the entire subdivision.
Section 307. Final Plat - Information to be Included: All requirements of the Georgia Plat Act and:
A. The courses and distances of the perimeter of the land involved.
B. Accurate reference to a known point or points such as street intersections, railroad
crossings, and/or US Government monuments.
C. The acreage of the land involved.
D. Names of adjacent landowners and streets together with all intersecting boundaries
or property lines.
E. Proposed divisions to be created including right-of-way widths with name of street,
roadway widths, proposed utility installations, lot lines with bearings and dimensions,
acreage of each lot, sites reserved or dedicated for public uses, and sites for other
principal uses.
F. Existing streets on and adjacent to the tract showing name of street, right-of-way
width, location, type (public or private) (asphalt or dirt), width and elevation or
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surfacing, any legally established centerline elevations, walks, curbs, gutters,
culverts, and. streets that intersect on opposite side of adjacent roadways.
G. Proposed street names and existing street names.
H. The subdivision name, scale, north arrow, date of plan preparation and revision(s) if
any; name, address and telephone number of subdivider; name, address and
telephone number of owner; and name, address and telephone number of engineer
and/or surveyor together with his state registration number, seal and signature.
I. A location map of the subdivision shall show the relationship of the proposed
subdivision to the surrounding area and the existing community facilities which serve
or influence it.
J. All property lines with accurate bearings and distances.
K. Project data to include: total acreage, total number of lots, minimum lot size, zoning,
tax map and parcel number.
L. Final curve data for all curves based on the arc method. Delineate the location of all
points of curvature and tangency.
M. Lot and Block identification. Lot Numbers and Block Letters shall be shown. Lot
Numbers shall be numerical and Block Letters shall be alphabetical.
N. The engineer's or surveyor's certificate as to the accuracy of the survey and plat.
Individual measurement of lots and blocks within the subdivision shall be accurate
within a minimum of one (1) part in three thousand (3,000).
O. When private streets or roads are utilized in a subdivision, the following owner's
acknowledgment shall be shown on the Final Plat, (with appropriate language
supplied by the Executive Director on each individual plat thereafter in the
subdivision) :
"The streets and roads (detention/retention ponds and common areas - as
applicable) are the private property of the owner, who has full and perpetual
responsibility for their maintenance and repair. The owner releases Augusta,
Georgia, from any and all claims, damages, or demands arising on account of or in
connection with the design, construction, and maintenance of the streets and roads
(detention/retention ponds and common areas - as applicable) as shown hereon.
Augusta, Georgia, assumes no liability or duty related thereto, and in no manner
approves or assumes liability for the design of the streets and roads
(detention/retention ponds and common areas - as applicable) as shown hereon.”
A Homeowners Association document must be submitted in recording form
indicating responsibility for maintenance of streets, common area, parking areas, or
any other areas of the subdivision that apply.
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P. State plane coordinates shall be shown on the plat for at least one property corner.
The coordinates and names or descriptions of Augusta and/or geodetic
monuments used for control will be noted on the plat with the grid distance and
azimuth shown to at least one of the coordinated property corners.
Q. Statement reserving five foot side easement along all side lot lines and a ten foot
easement along all rear lot lines, unless otherwise shown, for drainage and utilities.
R. Front building setback lines.
S. Clearview easement typical detail. Clearview easements can be made a part of the
street right-of-way.
T. Location and elevation of 100 Year Flood Plain if applicable. Also state that first
floor elevations within the 100 Year Flood Plain shall be three feet above the 100
Year Flood Plain level. FFE's must be shown on each lot located within the 100
Year Flood Plain. If the lot is not in the flood plain, a statement to this effect shall be
provided.
U. Location and delineation of wetlands that are shown on the National Wetland
Inventory Maps and subject to permitting by the U. S. Army Corps of Engineers
under Section 404 of the Clean Water Act of 1977.
V. Augusta, GA shall not be responsible for pavement repair or site restoration
associated with repair/replacement of a water or sewer line in this private
development.
308: SURVEY AND PLAT STANDARDS
A. The intent of this section is to require certain land parcels, located within reasonable
distance from monumented Augusta and/or geodetic control points, to be referenced
by field survey to Augusta and/or geodetic control points which are defined by state
plane coordinates. In cases where monumented Augusta and/or geodetic control
points are not within a reasonable distance as defined in this document, the
requirement will be to reference the survey to points which are identifiable on the
Augusta orthophoto maps. Property surveys affected by this article will be
referenced to their accurate geographical locations, and therefore can be plotted in
their correct position on the state-plane-coordinate-based Augusta mapping system.
B. The following surveys require ties to geodetic control monuments:
1. Any subdivision of five (5) or more lots total aggregate, including all phases
and sections severed from parent parcels at the time of this ordinance, within
a one mile traverse distance along public roads of Augusta and/or geodetic
control monuments.
2. Any boundary survey for which the sum of the length of the lines platted is
greater than the traverse distance along public roads to Augusta and/or
geodetic control.
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3. Any subdivision of twenty-five (25) or more lots total aggregate, including all
phases and sections severed from the parent parcel at the time of this
ordinance, regardless of distance to Augusta and/or geodetic control.
4. Any non-agricultural industrial/commercial development of 25 or more acres
regardless of distance from Augusta and/or geodetic control.
C. Surveys Exempt From Requirements For Ties To Augusta And/Or Geodetic Control
Monuments. It is considered very desirable for surveyors to tie all surveys,
whenever possible, to the state plane coordinate system. Nothing in these
exemptions is intended to discourage surveyors from tying surveys to the state
plane coordinate system.
The following surveys are exempted from the requirement for ties to Augusta and/or
geodetic control monuments:
1. Surveys of 5.00 acres or less, such as mortgage surveys, in existing
subdivisions initially recorded with the Clerk of Superior Court.
2. Any survey not specified in “Surveys Requiring Tie To Augusta And/Or
Geodetic Control Monuments” as outlined above.
D. Surveys Requiring Orthophoto Locator Tie. All surveys not included in “Surveys
Requiring Tie To Augusta And/Or Geodetic Control Monuments” and not exempted
in “Surveys Exempt From Requirement For Ties to Augusta And/Or Geodetic
Control Monuments” shall have a “locator tie”. A locator tie is defined as a bearing
and distance tie from a property corner to a point identifiable on the orthophoto map
such as a building corner, a road intersection with a driveway, or other point that can
be accurately spotted on the orthophoto.
To support this requirement, Augusta will make copies of the orthophoto maps in
digital format available to licensed surveyors and will provide access to these maps
in the Tax Assessors Office.
E. Survey Requirements. Survey requirements specified in this article are only for
control survey connections between Augusta and/or geodetic survey monuments
and land parcels. Boundary surveys shall be performed in accordance with the
State Minimum Standards published by the Georgia State Board of Registration for
Professional Engineers and Land Surveyors unless more stringent requirements are
specified herein. In so far as possible, control surveys between Augusta and/or
geodetic monuments and property boundaries shall be extended from the nearest
Augusta and/or geodetic control monuments. Augusta specifications for horizontal
control are as follows:
1. Terrestrial Surveys:
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a. If control is extended no more than ½ mile from the control monument to
the property boundary, third-order class 1 (1/10,000) specifications shall
be followed.
b. If control is extended more than ½ mile from the control monument to the
property boundary, second order class 11 (1/20,000) specifications shall
be followed.
c. Plats to be recorded must bear certification of the class of specifications
followed.
2. Global Positioning System (GPS) Surveys:
a. If GPS is used, procedures shall be followed to ensure survey grade
compatibility with the nearest county and/or geodetic control monuments.
Survey grade GPS receivers shall be used with a manufacturer’s stated
accuracy of at least ± 5 cm ± 2 ppm. It is realized that the nearest station
may not always be suitable for occupation by GPS because of
obstructions, lack of property owner permission, or other reasons. The
intent here is to make ties to network stations within 3 to 5 miles from the
project and to avoid establishing new coordinates on property corners that
will not tie on the ground by conventional surveys to an accuracy of
1/10,000 to existing monuments that already exist in the project area.
b. Plats to be recorded must bear certification stating the GPS receivers
used are of survey grade and have a manufacturer’s stated accuracy of at
least ± 5 cm ± 2 ppm.
3. Plat Requirements:
a. State plane coordinates shall be shown on the plat for one property
corner. The coordinates and names or descriptions of Augusta and/or
geodetic monuments used for control will be noted on the plat with the
grid distance and azimuth shown to at least one of the coordinated
property corners.
b. Horizontal ground distances (not grid distances) will be shown on the plat
for all segments of the boundary survey. A combined state plane
coordinate - sea level reduction factor will be noted on the plat. Area will
be based on horizontal ground distances.
c. All bearings will be referenced to state plane coordinate grid north.
F. Digital Data. For Final Plats containing more than ten lots, digital data must be
submitted. The minimum requirements are as follows:
1. The data should conform to the following:
Coordinate System: GA State Plane East
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Datum: NAD 83
Units: Feet
2. Documentation for layering scheme should be submitted with the data, unless
previously submitted.
3. Data should be in DXF format.
4. Data may be submitted via e-mail, diskette, CD Rom, or 4mm tape.
5. Data must be submitted when the plan is submitted to the Planning
Commission for approval.
G. County and or Geodetic Control Monuments.
1. The Augusta Information Technology Department will keep on file the
location of all Augusta and/or Geodetic Control Monuments and will provide
to the Registered Land Surveyor a location of the nearest Augusta and/or
Geodetic Control Monuments to their site or project.
2. Augusta Control Monuments shall be any monumented property corner or
control monument that has been tied to published Geodetic Control
Monuments and is on file with the Augusta Information Technology
Department.
H. Violations of Section 307. Complaints against violators of this article shall be
reviewed by a panel of Georgia Registered Land Surveyors that shall be selected by
the Augusta Planning & Development Department, before the complaint is filed with
the Georgia State Board of Registration for Professional Engineers and Land
Surveyors by the Augusta Planning & Development Department, Clerk of Superior
Court, or other department.
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ARTICLE IV
Design Standards
Section 400. Standards for Streets. Streets shall conform to the design standards set forth in the
Street and Road Design Technical Manual, and the following general standards:
A. A layout of streets as to arrangement, width, grade, character and location shall
conform to the latest Transportation Plan in effect, the latest Official Map in effect, to
adjoining street systems both planned and proposed, to topographic conditions,
natural features and drainage systems to be provided, and to the public
convenience and safety.
B. Minor or residential streets shall be so laid out that their use by through traffic is
discouraged.
C. Where a subdivision abuts or contains an existing or proposed expressway or
arterial street, the Planning Commission may require frontage streets, reverse
frontage with screen planting, deep lots or other such treatment as may be
necessary for adequate protection of residential properties and to afford separation
of through and local traffic. "No access" easements may also be required.
D. Reserve strips or parcels controlling access to streets shall be prohibited.
E. Alleys shall be permitted only in multifamily, commercial and industrial areas where
required to provide for service access such as off-street parking, loading and
unloading consistent with and adequate for the uses proposed. Such alleys shall be
at least twenty (20) feet in width and shall permit safe and through vehicular
movement. With special permission of the Planning Commission, alleys may be
permitted in single-family development.
F. Dead-end streets designed to be so permanently, shall not be longer than one
thousand (1,000) feet except where land cannot be otherwise subdivided
practicably. The Planning Commission staff shall have the authority to waive this
restriction if it is their opinion that it is warranted to do so. All permanent dead-end
streets shall be provided at the closed end with a turn-around having a street-
property line diameter of not less than eighty (80) feet. Turn-arounds of this nature
shall have a paved diameter of not less than sixty (60) feet. Dead-end streets
intended to be continued at a later time shall be provided with the same turn-around
as required for a permanent dead-end street, but only that portion to be required as
right-of-way when the street is continued shall be dedicated and made a public
street.
G. No street names shall be used which will duplicate or be confused with the names of
existing streets. Street names proposed by the subdivider shall be subject to check
by the Augusta Planning & Development Department and when duplication or
confusion occurs, the Augusta Planning & Development Department shall require
the subdivider to substitute names free from duplication and confusion. The
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Augusta Planning & Development Department shall maintain an up-to-date file of all
street names for the guidance of subdividers.
H. Street right-of-way widths shall be as shown in the Official Road Book and on the
Official Map, and for new streets they shall be as follows:
PROPOSED ROADWAY REQUIREMENTS
CLASSIFICATION CURB & GUTTER SHOULDER & DITCH SECTION
Right-of-Way Pavement Width
B/C to B/C
Right-of-Way Pavement
Width
Shoulder
Width
Minor 60 31 80 24 6
Residential 60 31 80 24 6
Residential Collector 80/60 31 80 24 6
Collector 80 31 80 24 6
Industrial Access 80 31 80 28 6
Arterial 100 53 120 48 8
I. Each street and road shall be paved or surfaced with a paving or surfacing of a type
and strength deemed suitable for the volume and character of traffic to be
expected. No street or road shall be provided with less than an all weather surface.
The type of roadway surfacing shall be determined from the Roadway Standards.
Section 401. General Standards for Curbing are set forth in the Street and Road Design
Technical Manual.
Section 402. Markers
A. Markers shall be placed on all lot corners. Such corner shall be marked with an iron
pipe or pin having a minimum diameter of one-half (1/2) inch. Such iron pipe shall
be a minimum of eighteen (18) inches in length and shall be visible above the
ground so that any competent engineer or surveyor may retrace the line of the
subdivision.
B. Markers shall be installed prior to the submission of the letter requesting approval
for final acceptance of all improvements by the appropriate engineering department.
C. The location and height of any signs denoting subdivision name or other decorative
fixtures shall have prior approval of the Traffic Engineer.
D. The location and type of all markers used shall be indicated on the Final Plat.
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E. Street name signs of a suitable design and durable material and lettered on both
faces shall be installed by the subdivider on the northeast corner of the every
intersection. Wooden signs and wooden posts shall not be used. Sign Sheeting
Requirements for Regulatory, Warning and Guide Signs shall be fabricated using
High Intensity, Retroreflective sheeting meeting the American Society of Testing and
Materials specifications for D 4956 Type III or higher. Any variance from this
standard street sign shall be approved by the Traffic Engineer and the Augusta
Planning & Development Department. In private subdivisions, all street signs must
clearly indicate that the streets are private.
Section 403. General Standards for Drainage and Utility Easements. Drainage facilities shall
conform to the design standards set forth in the Stormwater Management Plan
Technical Manual and other Regulations as appropriate.
A. Easements for drainage or utilities may be required where necessary. Such
easements shall be placed along side and/or rear property lines. Redesign of the lot
arrangement may be required to meet extreme drainage conditions.
B. Easements, when required for drainage of the area to be subdivided, shall be of
such width as is necessary to permit proper construction and maintenance of the
drainage facilities required to drain the area properly. Drainage easements shall be
a minimum width of ten (10) feet, provided, however, that easements up to fifty (50)
feet may be required, if in the opinion of the Department of Public Works, such
easements are necessary in the public interest.
C. Easements shall center along or be adjacent to a common property line where
practicable.
D. Subdivision development shall not block or obstruct the natural drainage from an
adjoining area. Provision of drainage facilities to maintain the established flow of
off-site water through any property to be subdivided shall be the responsibility of the
subdivider.
E. Existing natural drainage shall be retained or adequately relocated.
F. All drainage and utility easements within the subdivision that are intended to be
maintained by the Commission shall be deeded to the Commission.
Section 404. Sidewalks
A. Sidewalks must be provided for on any existing arterial or collector street that
is part of any subdivision plan that is adjacent to an existing street that is
classified as an arterial or collector in the Highway Functional Classification
System within the Augusta-Richmond County Urbanized Area as defined by
the Augusta Regional Transportation Study. Where installed, sidewalks shall
meet the construction standards of the Traffic Engineer.
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Section 405. Lots. Lots shall conform to the following standards.
A. The size, width, depth, shape, orientation, and minimum setback lines of lots shall
be as required by the Comprehensive Zoning Ordinance for Augusta, Georgia, and
shall be appropriate for the location of the subdivision and for the type of
development and use contemplated.
B. Lot depth normally shall not exceed two and one-half (2 1/2) times the lot width
established in accordance with these Regulations and except in case of hardship,
shall never exceed four (4) times that width. This provision shall not apply where
the width of a lot equals or exceeds three hundred (300) feet for its entire depth.
C. Residential lots shall meet the area and dimensional requirements established by
the Comprehensive Zoning Ordinance and by the Richmond County Board of
Health, and established elsewhere in the Subdivision Regulations. If individual
water supply or sewage disposal systems are to be utilized, such information as
needed by the Board of Health shall be submitted along with the Development Plan.
D. Corner lots shall have twenty (20) percent greater width at street property lines than
interior lots and shall have extra widths where necessary to permit the establishment
of sight areas easements.
E. Lots which have double frontage (through lots) shall be prohibited except where
essential to provide separation of residential development from traffic arteries or to
overcome specific disadvantages of topography and orientation. An easement, of at
least ten (10) feet in width, across which there shall be no right of access shall be
required along the rear street property lines of lots abutting such a traffic artery or
other disadvantageous use. No right of access across such required easements
shall be granted except upon resolution of the Augusta Planning & Development
Department.
F. All lots shall be provided, by means of streets which have been constructed in
conformance with the standards and specifications of the Development Regulations
of Augusta-Richmond County, specifically the Land Subdivision Regulations and the
Street and Road Design Technical Manual and dedicated in accordance with these
Regulations, with access to an existing public street. Where private streets have a
recorded provision for maintenance and are controlled by a duly incorporated
association, the geometric and right-of-way provisions may be waived by the
Augusta Planning & Development Department. The storm drainage and subgrade,
base and pavement design standards for public streets shall not be waived for
private streets.
G. All quadrangular lots, and insofar as practical, all other lots, shall have side lines at
right angles to straight street lines and radial to curved street lines.
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H. Lots for other than residential use shall include sufficient space for off-street parking,
loading and unloading, and circulation of traffic unless waived by the Augusta
Planning & Development Department.
I. Lots created after the effective date of this Ordinance shall have ingress and egress
by means of a public street or highway, or a private street per 405(J)(1), not less
than 25 feet in width to isolated lots (flagpole lots).
J. Subdivision of land into one or more flagpole lots shall comply with the following
requirements:
1. No flagpole lots shall have a width of less than twenty-five (25) feet at any
point.
2. No portion of a flagpole lot less than sixty (60) feet in width shall be located
within one hundred (100) feet of a street intersection, railroad crossing or
stream crossing.
3. Minimum lot size for flagpole lots, excluding portions of lots less than sixty
(60) feet in width shall be twenty thousand (20,000) square feet.
4. Flagpole lots, where “flagpoles” are contiguous, shall have a common
driveway constructed by the owner to serve all lots for ingress and egress
with cross easements thereto extending from the street right-of-way to a point
where the lot widens to a width of sixty (60) feet or greater.
5. Common driveways serving two or more lots shall have all-weather surface
treatment which is acceptable to the Executive Director in consultation with
the Department of Public Works, given the soils, topography, and other site
conditions. The all-weather surface of common driveways shall at a minimum
have a width of ten feet and a stable shoulder eight feet in width on either
side of the all-weather surface. The Executive Director may request a
certification from a professional engineer, who may be an employee of
Augusta, that a proposed common driveway plan consisting of surface
treatment, base, shoulders, and other design considerations is appropriate
for the particular site conditions. In situations where extraordinary hardships
can be demonstrated, the requirement for an all-weather surface may be
waived by the Executive Director in consultation with the Department of
Public Works.
6. If a Concept Plan provides for common driveways with all weather surface
treatment, then upon approval of such plan, the subdivider shall construct all
common driveways per the plan before any Final Plats are submitted.
7. If a Concept Plan provides for common driveways with all-weather surface
treatment, then covenants and/or homeowner’s association documents which
at a minimum govern maintenance of the common driveway shall be
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completed and executed after approval of said Concept Plan but before any
Final Plats are submitted.
8. There shall be a minimum distance of 400 hundred (400) feet between
common driveways of flagpole lot subdivisions.
9. Common driveways for flagpole lot subdivisions shall serve no more than four
(4) lots.
10. Easements providing common driveways for flagpole lots shall be recorded
on plats containing such lots.
11. Plats containing flagpole lots shall include the following owner’s
acknowledgment:
“Easements providing ingress and egress are the private property of the
owner, who has full and perpetual responsibility for their maintenance. The
owner releases Augusta, Georgia, from any and all claims, damages, or
demands arising on account of such easements.”
Section 406. Subdivision Name. Every subdivision shall be given a name which shall not
duplicate or closely approximate that of any other subdivision existing or planned.
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ARTICLE V
Planned Unit Development
Section 500. Conditions for Subdivision. A subdivider may submit an application for a Planned
Unit Development on a minimum of five (5) acres provided such property is properly zoned
as a PUD (Planned Unit Development) Zone or provided an application has been
submitted to the Augusta Planning & Development Department for rezoning the property to
such Zoning classification. This acreage may be reduced by the Planning Commission if
sufficient justification is presented. However, no Development Plan for a Planned Unit
Development shall be approved until the property for which it is proposed has been
properly zoned. A Planned Unit Development may contain such land uses as permitted in
the Comprehensive Zoning Ordinance for Augusta, Georgia.
Written application for approval of a Planned Unit Development Plan shall include the
following:
A. A statement of the present ownership of all land within the proposed development.
B. An explanation of the development proposed including the number of acres, number
of dwelling units in each housing type, gross density by type of land use, minimum
floor area standards, lot sizes, and yard and spacing proposals.
C. A general statement of the proposed development staging and construction
schedules.
D. Proposed agreements, provisions, and covenants which will govern the use,
maintenance, and protection of development and any common or open space.
Covenants shall establish control of land use, density, and open space in perpetuity.
Section 501. Pre-Application Procedure. Pre-application procedure shall be the same as that
established for other types of subdivisions as stated in Article II above.
Section 502. Approval of Development Plan. The procedure for Development Plan approval set
forth in Article II above shall be followed, and exhibits required in Article III shall be
submitted. The following additional exhibits shall be submitted.
A. The existing and proposed land uses and the approximate location of all buildings
and structures to be built.
B. Perspective drawings of representative building types except for detached single-
family buildings and their accessory buildings. Such drawings shall indicate general
architectural style and appearance.
C. For all single-family attached, multifamily, and commercial areas, off-street parking
and loading/unloading plans shall be shown.
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Section 503. Design Standards. Design standards set forth in Article IV shall be followed insofar
as practicable and consistent with the type of development proposed.
Section 504. Improvements Required. All improvements required under Article VI shall be
provided.
Section 505. Compliance with Comprehensive Zoning Ordinance. All Development Plans for a
Planned Unit Development shall comply in all respects with requirements of the Planned
Unit Development Zone and other requirements of the Comprehensive Zoning Ordinance
for Augusta, Georgia.
Section 506. Final Plat and Final Approval. All procedures required in Article II above shall be
followed for Final Plat approval. Final Plat approval shall be required as for other
subdivisions. Final Plat submission shall be accompanied by a written application setting
forth any changes from proposals submitted with Development Plan proposals and by
covenants in recording form and signed by the proper parties.
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ARTICLE VI
Miscellaneous
Section 600. Hardships and Variances
A. Variances to certain provisions of this Ordinance may be granted on the basis of
hardship. Variances to the procedures set forth may be granted by the Planning
Commission upon a finding that such variance would not adversely affect public
health, safety and welfare, and that failure to grant such variance would result in
unnecessary hardship for the applicant. Variances to design standards, technical
specifications, and construction materials shall be considered by the Department of
Public Works under the same hardship standards.
B. The subdivider shall submit a petition to the Planning Commission stating clearly
and definitely the reason for a request of variance. Consideration will be given
based on the following factors:
1. Unique conditions affecting the property.
2. Undue hardships would result from ordinary adherence to the requirements.
3. A determination that the granting of a variance shall not be detrimental to
adjacent property or to the public interest.
C. A request for a variance to the Subdivision Regulations shall be submitted no less
than 30 days prior to a meeting of the Planning Commission. A sign shall be placed
upon the property for which a variance is being requested no less than 15 days prior
to the meeting at which the variance will be considered. The decision of the
Planning Commission on the variance from the Subdivision Regulations shall be a
final decision, subject to appeal in Superior Court.
D. DELETED – November 2009
E. When Subdivision Plans have been submitted to the Planning Commission and
have been duly approved and are then submitted to agencies of the Federal
Government and such agencies require changes for mortgage guarantees, such
mandatory changes shall be accepted by the Planning Commission as prima-facie
evidence of a hardship and the changes will be accepted under the provisions of
this section unless such changes would be a clear violation of the intent of these
Regulations.
F. If a request for a variance to the Subdivision Regulations is denied by the Planning
Commission, then that request or a request which is similar or serves the same
purpose in the opinion of the Executive Director shall not be considered for a period
of one year (1) from the date of the decision.
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If a request for a variance to the Subdivision Regulations is approved by the
Planning Commission then the applicant or their representative must file the plat
and/or any related documents to the variance within one (1) year of the approval of
the variance or the variance shall no longer be valid.
Section 601. Penalty. Any person or corporation whether as principal, agent, employee, or
otherwise who violates any provision of this Ordinance shall be guilty of an offense and
upon conviction shall be punished as provided in Augusta, GA Code § 1-6-1.
Section 602. Amendments.
A. Amendments to these Regulations shall be proposed by the Augusta Planning &
Development Department shall be submitted to the Planning Commission for
approval before being adopted by the Commission.
B. Augusta, Georgia, may adopt amendments to these Regulations, providing that a
public hearing thereon shall first be held by the Planning Commission, public notice
of which hearing shall be given at least fifteen (15) days prior to such hearing.
C. No amendment, failing passage at its first consideration by the Commission, shall
be resubmitted for a period of one (1) year.
Section 603. Repeal. Previous "Subdivision Regulations for the Municipality and Unincorporated
Areas of Richmond County, Georgia" are hereby repealed.
Section 604. Severability. Any clause or provision of these Regulations declared invalid by any
court having jurisdiction shall not affect the validity of the Regulations as a whole or any
other part thereof.
Section 605. Effective Date. These Regulations shall become effective on _______________.
Adopted this ____ day of ___________, 20___
________________________________________
Deke Copenhaver, Mayor
Augusta, Georgia
ATTEST:
First Reading ______________________
_________________________________
Lena J. Bonner, Clerk of Commission Second Reading ____________________
Attachment number 4
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SITE PLA REGULATIOS
AUGUSTA, GEORGIA
Development Document #4
Augusta Planning & Development Department
Updated July 2011
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SITE PLAN REGULATIONS FOR
AUGUSTA, GEORGIA
AN ORDINANCE regulating the development of land in Augusta, Georgia; requiring and
regulating the preparation and presentation of plans for such purpose; establishing minimum
design standards; requiring minimum improvements to be made or guaranteed to be made by the
developer; setting forth the procedure to be followed by the Augusta Planning & Development
Department in applying these rules, Regulations, and standards; and prescribing penalties for the
violation of these rules, Regulations, and standards; and for other purposes.
BE IT ORDAINED by the Augusta Commission, Augusta, Georgia, that:
WHEREAS, the Augusta Commission was authorized by the Home Rule Provision of the
Constitution of the State of Georgia of 1983 to: Establish Planning Commissions; provide for
the preparation and amendment of Overall Plans for the orderly growth and development of
municipalities and counties; provide for the Regulations of structures on mapped streets, public
building sites, and public open spaces; repeal conflicting laws; and for other purposes; and
WHEREAS, the Planning Commission, created and organized under the terms of the
aforementioned Home Rule Provision, has made a study and analysis of the areas of Augusta and
the said study and analysis now are complete and Site Plan Regulations for the purposes
described in the title of this Ordinance were adopted; and
WHEREAS, the Augusta Commission has held a public hearing on the proposed Site Plan
Regulations in compliance with Local Ordinances.
WHEREAS, the original Site Plan Regulations are being amended to include reference to the
Augusta Planning & Development Department;
THEREFORE, BE IT ORDAINED by the Augusta Commission as follows:
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TABLE OF COTETS
Page
ARTICLE I General
Section 1.00 Short Title 1
Section 1.01 Content and Purpose 1
Section 1.02 Application 1
Section 1.03 Exemption 2
ARTICLE II Procedures for Approval of Site Plans
Section 2.00 Staff Conference/Sketch Plan 3
Section 2.01 Staged Approval for Site Plans 3
Section 2.02 Approval Process for Site Plans 3
ARTICLE III Data to be Submitted, Design Guidelines
and Inspections
Section 3.00 Size and Scale of Drawings 5
Section 3.01 Information to be Included 5
Section 3.02 Utility, Drainage, and Street Improvements 8
Section 3.03 Zoning Standards 8
Section 3.04 Design Guidelines 8
Section 3.05 Inspections 9
ARTICLE IV Miscellaneous
Section 4.00 Hardships and Variances 10
Section 4.01 Penalty 10
Section 4.02 Amendments 10
Section 4.03 Severability 10
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ARTICLE I
General
Section 100. Short Title. This Ordinance shall be known as the “Site Plan Regulations for
Augusta, Georgia”. It is included by reference in the Augusta, GA Code at Title 8,
Chapter 8.
Section 101. Content and Purpose. These Regulations require and regulate the preparation of
Site Plans, establish minimum design standards for site development, set forth the
procedures to be followed in applying these Regulations, provide penalties for violation
of these Regulations, and set forth other matters pertaining to the development of land.
The Site Plan Regulations are adopted for the following purposes, and for other purposes:
A. To encourage the development of an economically sound stable community, so as
to help conserve and protect the natural, economic, and scenic resources of
Augusta, Georgia;
B. To protect Augusta, Georgia from the potential negative impacts of converting
land from its natural state to urban land uses;
C. To assure safe and convenient traffic access and circulation, and to minimize the
impact of land development on traffic safety and congestion;
D. To assure that all buildings and other construction within the scope of these
Regulations are provided with adequate fire protection and are accessible by all
types of emergency vehicles;
E. To assure that the aesthetic qualities of the community are not degraded by the
development of land.
F. To encourage the wise development of the community in harmony with the
Comprehensive Plan.
Section 102. Application. Within the jurisdiction of Augusta, Georgia, except as herein
provided, a building permit under the provisions of the Augusta, GA Code, Title 7,
Article 5, for the purpose of constructing or expanding a structure that is not a single
family house or related thereto shall only be issued upon the presentation of a Site Plan
that has been approved by the Augusta Planning & Development Department (Planning
Department). Such Site Plan shall be drawn to scale, showing accurately the dimensions
and location of the following: property lines, easements, utilities, structures, signs, off-
street parking, driveways, detention/retention facilities and any other information that
may be necessary to the administration and/or enforcement of the Ordinance. Such Site
Plan shall be submitted to the Staff of all applicable departments of Augusta, Georgia and
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other entities that are deemed appropriate and they shall review and approve said Site
Plan before it is approved by the Augusta Planning & Development Department.
Section 103. Exemptions. The Executive Director of the Augusta Planning & Development
Department (Executive Director) may exempt certain types of development from the provisions
of these Regulations or parts thereof if, in his opinion, there is little or no likelihood that adverse
impacts could result from the proposed development. The Executive Director may request such
information as he deems necessary to support such a proposal. Development that may be so
exempted shall include the following:
construction of small buildings or additions to existing buildings less than one
thousand (1000) square feet in area;
construction of parking areas containing less than five parking spaces or
unpaved parking areas that do not provide required parking;
signs;
single, or individual duplex residential structures
temporary location of manufactured buildings for use as offices, showrooms,
etc. with a maximum time limit of six months;
construction on land owned by the United States of America or the State of
Georgia;
development that is similar to any of the above.
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ARTICLE II
Procedures for Approval of Site Plans
Section 200. Staff Conference/Sketch Plan. Although it is not required, an owner, developer,
or contractor (applicant) may request a Staff discussion regarding a proposed project, or
he may submit a Sketch Plan. A Sketch Plan may provide whatever level of detail the
applicant feels appropriate, and he may discuss it with the Augusta Planning &
Development Department in order to obtain a better understanding of how the Ordinances
and Regulations would apply to his proposal. A Staff conference shall be scheduled by
the Staff within five working days of receiving a request. Sketch Plans shall serve as a
subject for discussion only, and they shall not be approved, denied, corrected, or
otherwise acted upon.
Section 201. Staged Approval for Site Plans. If a proposal is to develop only a portion of a site
or a large tract initially, the Site Plan submitted for approval shall be accompanied by a
Conceptual Plan for the remainder of the site. The Conceptual Plan shall show at a
minimum the proposed circulation pattern, contours, buildings, and drainage plan. The
Executive Director may waive this requirement upon a finding that such a complete
layout is impractical and not necessary to carry out the intent and purpose of these
Regulations. If a site is proposed to be developed in sections as noted above, then each
section must stand on its own merit. All retention, parking, and ingress/egress facilities
needed to adequately serve a specific section shall be constructed as part of the section
that is submitted for approval.
Section 202. Approval Process for Site Plans. The following step by step procedure for
approval of a Site Plan shall be followed:
A. Written application for approval of a Site Plan shall be made in the office of the
Augusta Planning & Development Department. This application shall be made on
forms provided for this purpose and it shall include whatever assurances,
disclosures, and other information that are required by the Staff prior to
acceptance of an application. The application shall include the appropriate
number of copies of the Site Plan, prepared and certified by a civil engineer, or
architect, drawn to the specifications found in Article III of this document, and it
shall also include an executed "indemnity" form regarding retention basins. The
application shall be accompanied by a check in the amount of the fee adopted by
the City of Augusta.
B. The Augusta Planning & Development Department shall have thirty (30) days
within which to make a decision on an application that was accepted by the Staff
as a complete application. The Staff may reject an application if it is deemed to
be incomplete. Such decision may be to approve, approve with conditions,
approve in part, deny, request additional information, or to require corrections. In
situations where a decision of the Augusta Planning & Development Department
results in a Site Plan being resubmitted, the Augusta Planning & Development
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Department shall have thirty (30) additional days to act on the resubmitted Site
Plan, beginning on the date of resubmission. The thirty (30) day period shall not
apply if the applicant files a letter agreeing to such with the Augusta Planning &
Development Department. The action of the Augusta Planning & Development
Department shall be expressed in writing, a copy of which shall be provided to the
applicant.
D. Approval of a Site Plan shall be valid for two years from the date of approval,
after which a new Site Plan must be submitted per Section 202 of these
Regulations. The Executive Director may exempt an applicant from certain
provisions of these Regulations if some development of the site has occurred, the
applicable rules are essentially unchanged from the time of approval, and no more
than four years have passed since the initial approval.
If no development of the site has occurred, the Developer may request, and the
Augusta Planning & Development Department may grant, an extension of time for
good cause; however, an approval of a Site Plan shall never extend for a period
of more than five (5) years from the date of first approval. The Augusta Planning
& Development Department shall terminate an approval of a Site Plan after two
(2) years unless formal request for an extension of time is made.
E. Eleven (11) complete sets Site Plan shall be filed with the Augusta Planning &
Development Department at the time of application. The Augusta Planning &
Development Department shall thereafter forward for review such copies as
follows:
1. One (1) copies shall be filed with Engineering Department.
2. Four (4) copies shall be filed with the Augusta Utilities Department if the
subdivision is to be served with public water and/or sewer.
3. One (1) copy shall be filed with the Traffic Engineer.
4. One (1) copy shall be filed with the Fire Department.
5. One (1) copy shall be filed with the Soil Conservation Service.
6. One (1) copy shall be filed with the Board of Health.
7. One (1) copy shall be filed with the Trees and Landscape Department.
8. One (1) copy shall be retained by the Planning Commission.
Seven (7) copies shall be submitted once the Site plan has been reviewed and
approved and the Site Plan shall be stamped in accordance with the approval of
the Augusta Planning & Development Department, and the copies shall be
distributed as follows:
1. Two (2) copies shall be returned to the applicant at the Pre-Construction
conference
2. Three (3) copies shall be retained by the Engineering Department
3. One (1) copy shall be submitted to the NPDES Inspector for inspections
purposes
4. One (1) copy shall be retained by the Augusta Planning & Development
Department
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F. Reports shall be submitted to the Augusta Planning & Development Department
by all departments and agencies to which Site Plans are directed, and such reports
shall become part of the findings of the Augusta Planning & Development
Department.
G. All requests for Site Plan approval shall be accompanied by an 18 months
warranty agreement and deed(s) of dedication for all streets, land, easements,
storm drainage, sanitary sewer systems and water systems that are to be conveyed
to Augusta, Georgia. The form of these documents shall be approved by the City
Attorney. These documents shall be fully executed by the grantor with the date
blank to be filled in by the Augusta Commission with the date of acceptance of
the deeds of dedication. Acceptance of streets and other improvements shall be
accompanied by executing the deeds of dedication.
H. A pre-construction conference may be required by the City Engineer at his
discretion. A notation on the Site Plan will be made to that effect when such a
conference is required. Construction pursuant to the Site Plan shall not
commence until the conference has been held.
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ARTICLE III
Data to be Submitted, Design Guidelines, and Inspections
Section 300. Size and Scale of Drawings. Site Plans shall be drawn to scale no smaller than
one inch equals 100 feet. Where large sites are being planned, they may be drawn on one
or more sheets. No drawing shall exceed 36 inches by 48 inches in size.
Section 301. Information to be Included. The following information shall be included on each
Site Plan.
Name of development, type of business, building square footage and parking
required and parking provided.
Owner (name, address, and telephone number).
Developer (name, address and telephone number).
Date of survey, date plan drawn, and revision dates as applicable.
Seal and signature of a registered engineer.
North arrow with reference.
Scale (no less than 1” = 100’)
Tax parcel number
Zoning classification
Use and zoning of all adjacent parcels with owner(s) name(s)
Location of proposed business signage
Existing and proposed elevations referenced to mean sea level, with a contour interval
of 2 feet, accurate to one-half contour to indicate surface drainage patterns.
Source of datum (benchmark used: GS benchmark, if available), and location of BM or
TBM at the site.
Existing and proposed pavement width and right-of-way width of any existing streets
adjacent to the development and distances to nearest intersection.
Acreage of property and acreage of area to be developed.
Location sketch (scale no less than 1” = 2000’).
All boundaries heavily lined with bearings and distances shown, accurate reference to
Augusta and/or geodetic control points which are defined by state plane coordinates
unless the sum of the length of the lines constituting the boundary of the site is greater
than the traverse distance along public roads to such control. If such reference is not
furnished, then a locator tie, defined as a bearing and distance tie from a property corner
to a point that can be accurately spotted on the ortho photo maps shall be furnished.
Plan and profile of storm sewers on a scale of no less than 1” = 100’ horizontally, 1” =
10’ vertically. Elevation based on mean sea level.
Detail plan of all entrances, driveways, roadways, etc., that connect to existing county
roads. (Connections to State Highways will require permits from Georgia Department
of Transportation.)
Minimum building lines (front, side and rear), existing easements and proposed
easements shown.
Acreage of all on-site and off-site drainage areas contributing to flow through the
project.
Storm water management plan.
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Heavy outline of 100 year flood plain and note thereof. Any disturbances within flood
plain limits must comply with the Augusta Flood Ordinance. If the property is not in a
100 year flood plain then write a note stating that.
Finished floor elevation of buildings a minimum of 3.0 feet above established 100 year
flood elevation, if applicable.
Sanitary sewers and manholes.
Soil Erosion and Sediment Control Plan required for any site over 1.1 acres. A
statement from local Tax Official that ad valorem taxes owed and due have been paid is
required. A SESC Plan Review Checklist is required. A Soil Erosion and Sediment
Control Plan is recommended for all sites.
Potable water distribution system plan.
A note to the effect that “All drainage easements and disturbed areas must be
grassed and/or rip-rapped as required to control erosion.”
A note to the effect that “All construction within Augusta rights-of-way shall conform
to Augusta, Georgia Standards and Specifications.”
A note to the effect that “All silt barriers must be placed immediately following
clearing. No grading shall be done until silt barriers installation in completed.”
Note on drawings: “Contractor shall contact the Inspection Division of the Public
Works Department at least 48 hours prior to starting work on the project.”
A statement of the following: "I am the owner of the property affected by this Site
Plan. Prior to requesting a Certificate of Occupancy, I will submit a notarized statement
as follows: 'I certify that the site improvements are complete and in accordance with the
approved plans and specifications.' This certification will be based on observations of
and supervision of construction by my representative or me. I understand that the
Certificate of Occupancy will not be approved until this certification has been made."
The location of known gravesites and cemeteries located on the property. If grave sites
or cemeteries are discovered during construction, information must be submitted to the
Augusta Planning & Development Department immediately ( See O.C.G.A. §36-72-1 et
seq.).
The location of stop signs (and other traffic control devices as required by the Traffic
Engineer) including a statement to the effect that “The developer shall be responsible
for the initial installation of the signs.”
Fence or Indemnity Form is required for all detention or retention areas which are not
wholly contained in a parking lot.
Provide at least one copy of pipe sizing, detention/retention sizing and other
calculations required for review of this plan.
Landscape plan and summary sheet.
Hydrology studies for both Public Works and Soil Conservation Service, as applicable.
Each individual water service line shall be protected by a minimum double-check back
flow device.
A note to the effect that "Approval by Augusta, Georgia is for the improvements shown
in the Site Plan. Any variation from the approved Site Plan must be approved by the
City Engineer."
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For any Site Plan that includes wetlands shown on the National Wetlands Inventory
maps or subject to permitting by the US Army Corps of Engineers under Section 404
of the Clean Water Act of 1977, the following must be submitted:
An executed wetland indemnification form provided by the Augusta Planning &
Development Department accepting responsibility for activities that would be
affected by Section 404 of the Clean Water Act of 1977 and require permitting by
the U.S. Army Corps of Engineers;
A delineation of any wetland areas that are shown on the National Wetland
Inventory Maps or identified through field studies. Evidence that a
preconstruction notification with the Corp. has been filed pursuant to Section 404
of the Clean Water Act, or statements from properly accredited professionals in
wetland identification as to why they are not needed must be provided before a
development plan/site plan may be approved.
Calculations of the amount of cut and fill proposed and cross-sectional drawings
showing existing and proposed grades in areas of fill or excavation. Elevations,
horizontal scale and vertical scale must be shown on cross-sectional drawings.
Location and detailed design of any spill and leak collection systems designed for the
purpose of containing accidentally released hazardous or toxic materials.
Location, dimensions and area of all impervious surfaces, both existing and proposed,
on the site.
A 24 hour local contact person.
A descriptive note providing the following information:
Outfall(s) Information - Location, size and shape
Land Use - Commercial, Industrial, Residential, etc.
Acreage of on-site and off-site drainage areas contributing to discharge from
development
Acreage of Impervious Drainage Area
Name of Receiving Drainage Basin
A descriptive note describing any permanent or temporary Best Management Practices
(BMP's) used to impact or target Water Quality.
A descriptive note as follows: "The cost of inspection by the City of Augusta-Richmond
County's Department of Public Works and Engineering, before or after regular working
hours, on Saturdays, Sundays or Legal Holidays, shall be paid for by the individual
requesting the inspection at a rate of 1 ½ times the regular salary per hour of the
inspector plus 7.65%from the employer's FICA/Medicare match. Approval for the
inspection outside of normal working hours shall be obtained from the County Engineer
48-hours in advance. Prior to the commencement of work requiring inspection outside
of normal working hours, the individual requesting the inspection shall sign a form
which is furnished by the Department of Public Works and Engineering agreeing to pay
the overtime. The individual requesting the inspection shall sign a form which is
furnished by the Department of Public Works and Engineering agreeing to pay the
overtime. The individual requesting the inspection will be billed by the Department of
Public Works and Engineering for payment."
A general note as follows: "A preconstruction conference shall be held with the City
Engineer or his designated representative prior to beginning construction. This meeting
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shall be scheduled with the Department of Public Works at the time the notification of
work commencement is given."
A note shall be added to the Site Plan as follows: The Contractor shall be required to
have on site a copy of the Georgia Department of Transportation's Standard
Specifications and Construction Standard Details, current edition.
The sight distance and posted speed limit for every access onto an existing public or
private roadway must be indicated.
The completed GA NDR-NPDES Checklist shall be included with the application.
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Section 302. Utility, Drainage, and Street Improvements.
A. Utility, drainage, and street improvements shall be designed and constructed to
conform to standards set forth in this document and in the other documents listed
in Section 304.
B. If a Site Plan includes street or road improvements, then it shall also be
considered administratively as a subdivision of land and the procedures set forth
in the Subdivision Regulations shall also apply.
C. The governmental water supply shall be utilized where governmental water supply
is available within one thousand (1,000) feet of the property, unless it can be
demonstrated to the Utilities Department that it is economically unfeasible to do
so.
D. The Site Plan shall provide for connecting to the governmental sanitary sewerage
system where a governmental sanitary sewerage system is available within five
hundred (500) feet of the nearest point of the project unless it can be demonstrated
to the Board of Health that it is economically unfeasible to do so.
E. The Augusta Commission shall not be responsible for any internal drainage or
required drainage connections to publicly maintained drainage facilities, streams,
or other outlets having constant flow. The Augusta Commission shall not be
responsible for off-site acquisition of drainage or utility easements. This does not
imply that the developer will be responsible for the maintenance of these facilities
if they are subsequently deeded to Augusta, Georgia.
F. Sidewalks must be provided for on any site plan where a project is
adjacent to an existing street that is classified as an arterial or collector in
the Highway Functional Classification System within the Augusta-
Richmond County Urbanized Area as defined by the Augusta Regional
Transportation Study. Sidewalks may also be required on other streets
where a project is in close proximity to a school, at the discretion of the
Traffic Engineer. Where installed, sidewalks shall meet the construction
standards of the Traffic Engineer.
Section 303. Zoning Standards. A Site Plan shall identify the proposed land use and use of
each specific building and other structures. The Site Plan shall conform to all provisions
of the Comprehensive Zoning Ordinance as to land use, parking, setbacks, fences,
buffers, signs, driveways and other features regulated by the Zoning Ordinance.
Section 304. Design Guidelines. Design guidelines and construction standards are provided by
the following documents:
Comprehensive Zoning Ordinance
Land Subdivision Regulations
Site Plan Regulations
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Stormwater Ordinance
Stormwater Management Plan, Technical Manual
Street and Road Design Technical Manual
Tree Ordinance
Flood Damage Prevention Ordinance
Soil Erosion and Sediment Control Ordinance
Grading Ordinance
Groundwater Recharge Area Protection Ordinance
Water Supply and Watershed Ordinance
Augusta Utilities Department Design Standards
Rights-of-Way Encroachment for Utilities Guidelines
Section 305. Inspection. After a Site Plan has been approved, periodic inspections shall be
made by the Augusta Planning & Development Department, the Department of Public
Works, the Richmond County Health Department, and other departments and agencies of
Augusta, Georgia. The purpose of these inspections shall be to assure that construction is
consistent with the Site Plan. Any variation from an approved Site Plan must be
approved by the Augusta Planning & Development Department.
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ARTICLE IV
Miscellaneous
Section 400. Hardships and Variances. Variances to certain provisions of this Ordinance may
be granted on the basis of hardship. Variances to the procedures set forth may be
granted by the Augusta Planning Commission upon a finding that such variance
would not adversely affect public health, safety and welfare, and that failure to
grant such variance would result in unnecessary hardship for the applicant.
Variances to design standards, technical specifications, and construction materials
shall be considered by the Department of Public Works under the same hardship
standards.
Section 401. Penalty. Any person or corporation whether as principal, agent, employee, or
otherwise who violates any provision of this Ordinance shall be guilty of an offense and
upon conviction shall be punished as provided in Augusta, GA Code § 1-6-1.
Section 402. Amendments. Amendments to these Regulations shall be proposed by the
Augusta Planning & Development Department or shall be submitted to the Augusta
Planning Commission for approval before being adopted by the Augusta Commission.
Augusta, Georgia, may adopt amendments to these Regulations, providing that a public
hearing thereon shall first be held by the Planning Commission, public notice of which
hearing shall be given at least fifteen (15) days prior to such hearing.
Section 403. Severability. Any clause or provision of these Regulations declared invalid by
any court having jurisdiction shall not affect the validity of the Regulations as a whole or
any other part thereof.
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STORMWATER MAAGEMET ORDIACE
AUGUSTA, GEORGIA
DEVELOPMENT DOCUMENT #5
Augusta Planning & Development Department
July 2011
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TITLE 5
UTILITIES
CHAPTER 1
STORM WATER MAAGEMET
§ 5-1-1. GEERALLY.
This Chapter shall be known as the Storm Water Management Ordinance of
Augusta, Georgia.
§ 5-1-2. FIDIGS.
(a) Uncontrolled storm water drainage/discharge may have a significant,
adverse impact on the health, safety, and welfare of the citizens of Augusta, Georgia.
Surface water runoff can carry pollutants and nutrients into receiving waters.
(b) Uncontrolled storm water drainage can increase the incidence of flooding
and the level of floods which occur, endangering roads, other public and private property
and human life.
(c) Altered land surfaces can change the rate and volume of runoff.
(d) Adverse water quality and quantity consequences described above could
result in substantial economic losses. Potential losses include, but are not limited to,
increased water treatment costs, as well as state and federal fines associated with water
quality violations.
(e) Many future problems can be avoided through property storm water
management.
(f) Every parcel of real property, both public and private, either uses or
benefits from the maintenance of Augusta, Georgia storm water system.
(g) Current and anticipated growth will contribute to and increase the need for
improvement and maintenance of the storm water system.
§ 5-1-3. OBJECTIVE
The objectives of this chapter include the following:
(a) To protect, maintain, and enhance the public health, safety, and general
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welfare. This objective will be achieved by providing for regulation and management of
Augusta, Georgia storm water system, including public and private facilities in Augusta,
Georgia
(b) To comply with State Department of Natural Resources and Federal
Environmental protection Agency storm water regulations developed pursuant to the
Federal Clean Water Act. These requirements include:
(1) Control of the contribution of pollutants to the municipal storm
sewer system by storm water discharges associated with commercial and industrial
activity and the quality of storm water discharged from sites of commercial and industrial
activity;
(2) Prohibition of illicit connections to municipal separate storm
sewers;
(3) Control of discharge to municipal separate storm sewers of spills,
dumping or disposal of materials other than storm water; and
(4) Control, through intergovernmental agreements, of contribution of
pollutants from one municipal system to another.
§ 5-1-4 DEFIITIOS.
(a) For the purposes of this chapter, unless specifically defined below, words
or phrases shall be interpreted so as to give them the meaning they have in common
usage and to give this chapter its most effective application. Words in the singular shall
include the plural, and words in the plural shall include the singular. Words used in the
present tense shall include the future tense. The word shall connote mandatory and not
discretionary; the word may is permissive.
(b) Unless otherwise specified, or it is apparent from the context, definitions
herein will be the same as those in other Augusta, Georgia Ordinances and as used
elsewhere this code.
(1) Accidental discharge. A discharge prohibited by this chapter into
the municipal storm sewer system which occurs by chance and without planning or
consideration prior to occurrence.
(2) Appeals authority. The Augusta Commission,
one of whose purpose is to review appeals to this chapter and render decisions and
variances.
(3) Best Management Practices (BMPs). A wide range of management
procedures, activities, and prohibitions on practices which control the quality and/or
quantity of storm water runoff and which are compatible with the planned land use.
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(4) Clean Water Act. The Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq.).
(5) Cooling water. Water used exclusively as a cooling medium in an
appliance, device or apparatus.
(6) Conveyance. Storm water features designed for the movement of
storm water through the drainage system, such as concrete or metal pipes, ditches,
depressions, or swales
(7) Department. The department of public works responsible for all
storm water management activities and implementation of the provisions of this chapter.
(8) Development means:
a. The division of a lot, tract or parcel of land into two (2) or
more lots, plots, sites, tracts, parcels or other divisions by plat or deed;
b. The construction, installation, or alteration of a structure,
impervious surface, or drainage facility;
c. Clearing, scraping, grubbing, or otherwise significantly
disturbing the soil, vegetation, mud, sand or rock or a site; or
d. Adding, removing, exposing, excavating, leveling, grading,
digging, burrowing, dumping, piling, dredging or otherwise disturbing the soil,
vegetation, mud, sand or rock of a site.
(9) Director. Either the director of department of public works or any
duly authorized representatives of the director.
(10) Easement. An acquired legal right for the specific use of land
owned by others.
(11) Governing body. The Augusta Commission.
(12) Illicit connection. A connection to a municipal separate storm
system which results in discharge that is not composed entirely of storm water runoff,
except discharges pursuant to a NPDES permit (other than the NPDES permit for
discharge from the municipal separate storm sewer).
(13) Maintenance. Any action necessary to preserve storm water
management facilities in proper working condition, in order to serve the intended
purposes set forth in this chapter and to prevent structural failure of such facilities.
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(14) Municipal storm sewer system. A conveyance or system of
conveyance or system of conveyances (including roads with drainage systems, highways,
rights-of-way, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, storm drains, detention ponds, other stormwater facilities) which is:
a. Owned or operated by Augusta, Georgia;
b. Designed or used for collection or conveying stormwater;
c. Not a combined sewer; and,
d. Not a part of a Publicly Owned Treatment Works (POTW)
(15) National Pollutant Discharge Elimination System (NPDES). A
regulatory mechanism established by the U.S. Environmental Protection Agency pursuant
to the Water Quality Act and the Clean Water Act with permit application requirements
as set forth in 55FR47990 as implemented by the Georgia Environmental Protection
Division of the Department of Natural Resources in accordance with the State Water
Quality Control Act, O.C.G.A § 12-5-21.
(16) Person. Any and all persons, natural or artificial and includes any
individual, firm, corporation, government agency, business trust, estate trust, partnership,
association, two (2) or more persons having a joint or common interest, or any other legal
entity.
(17) Pollution. The contamination or other alteration of any water’s
physical, chemical or biological properties, including change in temperature, taste, color
turbidity, or odor of such waters or the discharge of any liquid, gaseous, solid,
radioactive, or other substance into any such waters as will or is likely to create a
nuisance or render such waters harmful, detrimental or injurious to the public health,
safety or welfare or to domestic, commercial, industrial, agricultural, recreational, or
other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic
life.
(18) Private. Property or facilities owned by individuals, corporations,
and other organizations and not by city, state, or federal government.
(19) Procedure. A procedure adopted by the utility, by and through the
director of public works, to implement a regulation or regulations adopted under this
chapter, or to carry out other responsibilities as may be required by the code or other
codes, ordinances or resolutions of Augusta, Georgia.
(20) Regulation. Any regulation, rule or requirement prepared by the
department and adopted by Augusta, Georgia pursuant to the requirements of this
chapter.
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6
(21) Sanitary sewer system. The complete sanitary sewer system of the
county which discharges sewage directly or indirectly into the sewage treatment plant,
including sanitary sewer pipelines, manholes and flushing inlets and appurtenances to the
foregoing, excluding sewage treatment facilities.
(22) Site. Any lot, plot, parcel or tract of land.
(23) Storm water management. The collection, conveyance, storage,
treatment and disposal of storm water runoff in a manner to meet the objectives of this
chapter and which shall include a system of vegetative or structural measures, or both,
that control the increased volume and rate of storm water runoff and water quality
impacts caused by manmade changes to the land.
(24) Storm water management facilities. Constructed or natural
components of a storm water drainage system, designed to perform a particular function,
or multiple functions, including, but not limited to, pipes, swales, ditches, culverts, street
gutters, detention basins, retention basins, constructed wetlands, infiltration devices,
catch basins, oil/water separators, sediment basins, natural systems and modular
pavements.
(25) Storm water runoff. The direct response of a land surface to
precipitation and includes the surface and subsurface runoff that enters a ditch, stream,
storm drain or other concentrated flow during and following the precipitation.
(26) Variance. The modification of the minimum storm water
management requirements for specific circumstances where strict adherence of the
requirements would result in unnecessary hardship and not fulfill the intent of this
chapter.
(27) Water quality. Those characteristics of storm water runoff that
relate to the physical, chemical, biological, or radiological integrity of water.
(28) Water quantity. Those characteristics of storm water runoff that
relate to the rate and volume of the storm water runoff.
§ 5-1-5. SCOPE OF RESPOSIBILITY .
(a) The provisions of this chapter shall apply throughout Augusta, Georgia.
(b) The director of the department of public works or designee shall be
responsible for the coordination and enforcement of the provisions of this chapter.
(c) The department of public works shall be responsible for the conservation,
management, maintenance, extension, and improvement of the Augusta, Georgia storm
water system, including activities necessary to control storm water runoff and activities
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necessary to carry out storm water management programs included in Augusta, Georgia
NPDES storm water permit.
(d) The application of this chapter and the provisions expressed herein shall
be the minimum storm water management requirements and shall not be deemed a
limitation or repeal of any other powers granted by State statute. In addition, if site
characteristics indicate that complying with these minimum requirements will not provide
adequate designs or protection for local property or residents, it is the designer’s
responsibility to exceed the minimum requirements as necessary.
§ 5-1-6. POWERS OF THE DEPARTMET OF PUBLIC WORKS .
(a) The department of public works shall have the power to administer and
enforce all regulations and procedures adopted to implement this chapter, including the
right to maintain an action or procedure in any court of competent jurisdiction to compel
compliance with or to restrain any violation of this chapter.
(b) The department of public works shall:
(1) Administer, coordinate and oversee acquisition, design,
construction, and operation and maintenance of municipal storm water facilities and
conveyances.
(2) Establish or oversee establishment of development standards and
guidelines for controlling storm water runoff
(3) Determine the manner in which storm water facilities should be
operated;
(4) Inspect private systems which discharge to the Augusta, Georgia
storm water system;
(5) Advise the Augusta Commission and other
Augusta departments on issues related to storm water;
(6) Protect facilities and properties controlled by the Department of
Public Works and prescribe how they are used by others;
(7) Require new, increased, or significantly changed storm water
contributions to comply with the terms of this chapter.
(8) Develop programs or procedures to control the discharge
of pollutants into the municipal storm sewer system; and
(9) Adopt and implement the storm water management program for
Augusta, Georgia.
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8
§ 5-1-7 STORM WATER RUOFF QUATITY COTROLS .
(a) Water quantity controls will be provided as a part of all development
pursuant to the provisions of the Augusta, Georgia Soil Erosion and Sediment Control
Ordinance, Zoning Ordinance, Water and Wastewater Disposal Ordinance and
Subdivision of Land Ordinance, and regulations adopted pursuant to those ordinance.
(b) Augusta, Georgia may allow storm water runoff that otherwise
is of unacceptable quantity or which would be discharged in volumes or at rates in excess
of those otherwise allowed by its ordinances and regulations to be discharged into
drainage facilities off site of the development, provided the following conditions are met:
(1) It is not practicable to completely manage runoff on-site in a
manner that meets the design and performance standards found in the ordinances and
regulations.
(2) Off-site drainage facilities and channels leading to them are
designed, constructed and maintained in accordance with requirements of those
ordinances; and,
(3) Adequate provision is made for sharing of construction,
maintenance and operating costs of facilities.
§ 5-1-8 PROHIBITIO .
(a) It is unlawful for any person to throw, drain, run, or otherwise discharge to
any component of the municipal separate storm water system or to cause, permit or suffer
to be thrown, drained, run, or allow to seep or otherwise discharge into such system all
matter of any nature excepting only such storm or surface water as herein authorized.
(b) The director may require controls for or exempt from the prohibition
provision above the following, provided he/she determines they are not a significant
source of pollution:
(1) Unpolluted industrial cooling water, but only under the
authorization and direction of the director and appropriate NPDES permit. (Per State
requirements, the discharge should not raise the temperature of the receiving stream more
than five (5) degrees after the discharge has thoroughly mixed with receiving waters. In
secondary trout streams, there shall be no elevation in temperature exceeding two (2)
degrees above the natural stream temperature).
(2) Water line flushing performed by a government agency, diverted
stream flows, rising ground waters, and unpolluted ground water infiltration.
(3) Unpolluted pumped ground water.
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(4) Discharges from potable water sources, foundation drains, air
conditioning condensation, irrigation water springs, water from crawl space pumps,
footing drains, lawn watering, individual residential car washing, flows from riparian
habitats and wetlands, and street wash water.
(5) Discharges or flows from fire fighting.
(6) Other unpolluted water.
(c) In the event of an accidental discharge or an unavoidable loss to the
municipal storm sewer system of any material or substance other than storm water runoff,
the person concerned shall inform the department of public works within twenty-four
(24) hours of the nature, quantity and time of occurrence of the discharge. The person
concerned shall take immediate steps to contain the waster, treat the waste or other
actions to minimize affects of the discharge on the municipal system and receiving
streams. The person shall also take immediate steps to ensure no recurrence of the
discharge.
§ 5-1-9 ILLICIT COECTIOS
(a) It is unlawful for any person, to connect any pipe, open channel, or any
other conveyance system that discharges anything except storm water or unpolluted water
which is approved by the director, based on the exemptions listed in § 5-1-8(b), to
Augusta-Richmond County’s storm water system.
(b) Improper connections in violation of the Code must be disconnected and
redirected, if necessary, to the Augusta, Georgia sanitary sewer system upon approval by
the director of the water and sewer department.
§ 5-1-10 MAITEACE AD ISPECTIO.
(a) Any storm water management facility of BMP which services a single lot
or commercial and industrial development shall be privately owned and maintained. The
owner shall maintain a perpetual, nonexclusive easement which allows for access for
maintenance.
(b) All other storm water management control facilities and BMPs shall be
publicly owned and/or maintained only if accepted for maintenance by Augusta, Georgia.
(c) The director may require dedication of privately owned storm water
facilities which discharge to the storm water system to Augusta, Georgia.
(d) The department of public works director shall determine inspection
schedules necessary to enforce the provisions of this chapter.
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10
(e) The director or designee, bearing proper credentials and identification
shall be permitted to enter, without hindrance, all properties for regular inspections.
periodic investigations, observation, measurement, enforcement, sampling and testing, in
accordance with provisions of this chapter. The director or designee shall duly notify the
owner of said property or the representative on site, except in the case of an emergency.
(f) The director or designated employee of the department of public works,
bearing proper credentials and identification, shall be permitted to enter, without
hindrance, all properties for which Augusta, Georgia holds a negotiated easement for
repairs, maintenance and other purposes related to any portion of the storm water
management facilities lying within said easement. The director or designee shall duly
notify the owner of said property or the representative on site, except in the case of an
emergency.
(g) Measurements, tests and analyses performed by the department of public
works or required of any discharger to the municipal system shall be in accordance with
40 CFR Part 136, unless another method is approved by the director.
(h) If, after inspection, the condition of a facility presents any immediate
danger to the public health, safety or general welfare because of unsafe conditions or
improper maintenance, Augusta, Georgia shall have the right, but not the duty, to take
action as may be necessary to protect the public and make the facility safe.
(i) Inspection reports shall be maintained in a permanent file located at the
department of public works office for a period of three (3) years. All such records shall
be open to the public.
§ 5-1-11 VARIACES FOR REQUIREMETS.
(a) The director may grant a variance from requirements of this chapter if
exceptional circumstances applicable to a site exist such that strict adherence to the
provisions of this chapter will result in unnecessary hardship and will not fulfill the intent
of this chapter.
(b) A written request for a variance shall be required and shall state the
specific variance sought and the reasons, with supporting data, a variance should be
granted. The request shall include all information necessary to evaluate the proposed
variance.
(c) The director will conduct a review of the request for a variance within
thirty (30) working days of receiving the request.
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§ 5-1-12 APPEALS
(a) Any person aggrieved by a decision of the director (including any decision
with reference to the granting or denial of a variance from the terms of this chapter) may
appeal same by filing a written notice of appeal with the director within ten (10) days of
the issuance of said decision by the director. A notice of appeal shall state the specific
reasons why the decision of the director is alleged to be in error.
(b) The director may reverse his/her decision giving written reason for
reversal. In the event the director does not reverse his/her decision, the director shall
prepare and send to the board of appeals and appellant a written response to said notice of
appeal within thirty (30) days of receipt of the notice of appeal.
(c) All appeals shall be heard by a board of appeals to be constituted of the
county administrator, the director of inspections, and the Director of the Augusta
Planning & Development Department. The hearing shall be held within thirty (30) days
after receipt of notice of appeal or on a date mutually agreed upon in writing by the
appellant and the board of appeals. The board of appeals shall then make its finding
within ten (10) days of the appeal hearing. Decisions of the board of appeals shall be
based upon guidelines for appeals established by the Augusta Commission as amended
from time to time.
(d) If the appellant is dissatisfied with the decision of the board of appeals,
he/she can appeal said decision to the Augusta Commission within thirty (30) days of the
hearing decision being rendered to appellant. The Commission shall notify appellant of a
time and place for hearing the appeal, and said time shall be within thirty (30) days of
receipt of notice from appellant. The Commission shall make a finding on the appeal
within ten (10) days of the hearing.
(e) If the appellant is dissatisfied with the Commission’s decision, he/she can
appeal said decision to the Superior Court of Richmond County within thirty (30) days of
the date of that decision. Said appeal shall consist of a review of the record in the appeal
process.
§ 5-1-13 COOPERATIO WITH OTHER GOVERMETS.
Augusta, Georgia may enter into agreements with the State of Georgia or with
other local governments to carry out the purpose of this chapter. These agreements may
include, but are not limited to enforcement of provisions, resolution of disputes,
cooperative monitoring, and cooperative management of storm water system and
management programs.
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§ 5-1-14 PROPERTY OWER LIABILITY; SUPPLEMETAL CHARG ES.
Any person in violation of any portion of this chapter shall pay for all costs of
Augusta-Richmond County associated with the violation, including (but not limited to)
containment, cleanup, injury, death, legal, or other costs.
§ 5-1-15 EFORCEMET; PEALTIES.
(a) This chapter shall be enforced by the office of the director of public
works. Citations for violation may be issued by inspectors from the department of public
works. Citation shall specify the nature of violation and the potential penalty involved.
(b) Any person, cited for violating this chapter shall be tried as a
misdemeanor and shall upon conviction, shall be subject to the penalties provided in § 1-
6-1.
(c) In addition, Augusta, Georgia may institute appropriate action or
proceedings at law or in equity for the enforcement of this chapter or to correct violations
of this chapter. Any court of competent jurisdiction may have the right to issue
restraining orders, temporary or permanent injunctions, and other appropriate forms of
remedy or relief. Each day of noncompliance is considered a separate offense. Nothing
herein contained shall prevent Augusta, Georgia from taking such other lawful action as
is necessary to prevent or remedy any violation, including application for injunctive
relief.
§ 5-1-16. SEVERABILITY
If any term, requirement or provision of this chapter or the application thereof to
any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this chapter or the application of such terms, requirements and provisions to
person or circumstances other than those to which it is held invalid or unenforceable,
shall not be affected thereby and each term, requirement or provision of this chapter shall
be valid and be enforced to the fullest extent permitted by law.
§ 5-1-17 PRIOR ICOSISTET ORDIACES .
Any provisions and ordinances adopted prior to the date of adoption of this
chapter that are inconsistent with this chapter are hereby voided, but only to the extent of
such inconsistency.
Attachment number 6
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Item # 5
AUGUSTA
TREE ORDINANCE
AND
TREE ORDINANCE ILLUSTRATED GUIDE
REVISED: July 2011
Attachment number 7
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Item # 5
AUGUSTA
TREE COMMISSION
MEMBERS
2011
BIRKIE AYER DISTRICT 1
ROY SIMKINS DISTRICT 2
HENRY FRISCHKNECHT DISTRICT 3
VAUGHN “TEX” MAXWELL DISTRICT 4
JARREL A. GIBSON DISTRICT 5
CLYDE LESTER DISTRICT 6
ROGER W. DAVIS DISTRICT 7
SID MULLIS DISTRICT 8
PAULETTE CURRY DISTRICT 9
ANNETTE HARLAN DISTRICT 10
DIANE SPRAGUE LEGISLATIVE
CLARA HORNSBY LEGISLATIVE
Attachment number 7
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AUGUSTA TREE ORDIACE
AD
TREE ORDIACE ILLUSTRATED
GUIDE (IGO)
Prepared and adopted by the
Augusta Tree Commission
Roy Simkins, Chairman
George A. Patty, Secretary
Adopted by the
Augusta Commission
Deke Copenhaver, Mayor
Joe Bowles, Mayor Pro Tem
These documents provide standards for the protection of public trees, for the designation
of landmark trees, and landscaping, tree protection and tree establishment standards for
the development of private property in Augusta, GA. Included are Chapter 8-4 of the
Augusta-Richmond County Code entitled “Trees” (Ordinance No. 6095) and
amendments thereto, and the “Illustrated Guide to Implementing the Augusta-Richmond
County Tree Ordinance” (Ordinance No. 94-1, adopted December 7, 1993).
Updated January 2011
Attachment number 7
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TABLE OF COTETS
TREE ORDIACE Page
Purpose 1
Definitions 1
Establishment of Tree Commission 3
Administration 4
Public Tree Protection 4
Tree Protection Zone; Official Tree List 5
Planting and Maintenance Standards 6
Moving Buildings or Other Large Objects 8
Landmark Trees 8
Nuisance Trees and Shrubs 8
Greenspace Requirements for Private and Public Development 8
Compliance 18
Landscape Establishment Bond 18
Appeals and Variances 19
Abrogation and Greater Restrictions 20
Severability 20
Enforcement, Violation, and Penalty 20
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1
Chapter 8-4-1. PURPOSE.
This Chapter provides standards for the protection of public trees, and for the
designation of landmark trees, and further provides landscaping, tree protection and tree
establishment standards for the development of private property in Augusta, Georgia. It
is the purpose of this Chapter to promote the public health, safety, and general welfare of
provisions designed to:
(a) Aid in stabilizing the environment's ecological balance by contributing to the
processes of air purification, oxygen regeneration, wildlife habitat, groundwater
recharge, and storm water runoff retardation, while concurrently facilitating noise,
glare, and heat abatement;
(b) Encourage the preservation of existing trees and vegetation;
(c) Prevent soil erosion;
(d) Protect and enhance the aesthetic qualities of the community;
(e) Prevent structural and pavement saturation;
(f) Safeguard and enhance private property values and protect private and public
investments;
(g) Conserve energy.
Chapter 8-4-2. DEFIITIOS.
(a) Administrator. The Executive Director of the Augusta Planning & Development
Department.
(b) Caliper. The diameter or thickness of the main stem of a young tree or sapling as
measured at six (6) inches above ground level. This measurement is used for
nursery-grown trees having a diameter of four (4) inches or less.
(c) Commission. The Augusta Commission.
(d) Diameter breast height (DBH). The diameter or width of the main stem of a
tree as measured four and one-half (4.5) feet above the natural grade at the base of
a tree. Whenever a branch, limb, defect, or abnormal swelling of the trunk occurs
at this height, the DBH shall be measured at the nearest point above or below four
and one-half (4.5) feet at which a normal diameter occurs.
(e) Dripline. An imaginary circuitous line of the ground that designates the
outermost point to which the tree branches extend.
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(f) Executive Director. Executive Director of the Augusta Planning & Development
Department.
(g) Greenspace. Any area retained as permeable unpaved ground and dedicated to
supporting vegetation.
(h) Greenspace Plan. A topographic survey map and supporting documentation
which describes for a particular site where vegetation (green space) is to be
retained or planted in compliance with these regulations. The Greenspace Plan
shall include a tree establishment element, a tree protection element, and a
landscaping element.
(i) IGO. (Illustrated Guide to Implementing the Augusta-Richmond County Tree
Ordinance) A document providing standards and specifications for tree protection
and tree establishment per Section VIII (c) of the Augusta-Richmond County Tree
Ordinance.
(j) Landmark tree. Any tree determined by the Tree Commission and the Augusta
Commission, to be of notable historic interest, high aesthetic value, or of unique
character because of species, type, age, or size and therefore designated as a
public landmark.
(k) Land clearing. The removal of all vegetation two (2) inches DBH or greater.
(l) Landscape Establishment Bond. A two year bond that shall be posted prior to
the issuance of a Certificate of Occupancy and released after two years upon a
determination that required trees and landscaping are healthy and have a
reasonable chance of surviving to maturity.
(m) Official street tree planting plan and program. A plan and program adopted
for the planting of trees along public streets, parks and other public places.
(n) Official Tree List. A listing of various tree species, classified by size grouping,
to be used to determine the quality rating of trees to be preserved or planted as
well as the Quality Points (Section III of the IGO).
(o) Planting Island. An unpaved landscaped area located within a vehicle parking
area that is defined physically by curbing or otherwise in such a way that it cannot
be driven over or parked upon and which must contain a medium or large tree.
(p) Park. All public land set aside for open space and recreation purposes.
(q) Public property. Any property owned by Augusta, Georgia.
(r) Public tree. Any tree located on public property.
(s) Quality points factor. A decimal fraction that is assigned to each tree species in
the Official Tree List and is used as a multiplier in calculating the tree quality
points for any tree retained on a site.
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(t) Right-of-way. A strip of land over which Augusta, Georgia has the right, by
ownership or otherwise to construct a public street, sidewalk, or use for public
utilities.
(u) Street yard. A greenspace parallel to the street right-of-way whose total area is
equal to at a minimum ten (10) times the length of the right-of-way in square feet.
(v) Tree Commission. An appointed board of twelve (12) members with designated
duties as outlined herein.
(w) Tree establishment element. A topographic survey map and supporting
documentation which describes for a particular site where trees are to be planted
in compliance with the requirements of these regulations, the types of trees and
their corresponding tree quality points.
(x) Tree protection element. A topographic survey map and supporting
documentation which describes for a particular site where existing trees are to be
retained in compliance with the requirements of these regulations, the types of
trees and their corresponding tree quality points.
(y) Tree protection zone. The area surrounding a preserved or planted tree that is
essential to that tree's health and survival, and is protected within the guidelines of
this chapter.
(z) Tree quality point (TQP). A unit of measurement which quantifies the relative
value of trees that are planted or retained on a given site. Tree quality points
quantitatively express the desirable qualities of the species with regard to size for
each tree that is retained on a site. For planted trees the tree quality points are an
expression of species desirability and the expected mature size of each tree.
(aa) Vehicle display area. Areas where vehicles are displayed for sale or lease.
(bb) Vehicular service area. Any paved or unpaved area utilized by vehicles.
Chapter 8-4-3. ESTABLISHMET OF TREE COMMISSIO.
(a) There is hereby created the Augusta Tree Commission which shall consist of ten
(10) members appointed by the Augusta Commission plus an additional two (2)
members appointed by the Richmond County Legislative Delegation. All
appointments shall be for four (4) year terms. The role of the Tree
Commissioners will be to define problems, suggest solutions, and provide
support; review any appeals or variances and recommend acceptance or rejection
to the Administrator; annually review the Illustrated Guide to Implementing the
Augusta-Richmond County Tree Ordinance (IGO) and update it as needed; and
review petitions for landmark trees. The Tree Commission shall meet no less than
quarterly. All members shall be residents of Augusta, Georgia. All vacancies
shall be filled for the unexpired terms.
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(b) All Tree Commissioners shall serve without compensation. The Augusta
Commission and the Richmond County Legislative Delegation, when appointing
members to the Tree Commission, shall appoint persons from the following fields
of association: registered landscape architect; realtor / developer of commercial
property (licensed broker who is member of board of realtors); urban forester; an
agricultural extension agent; architect; engineer; an appointee from the Garden
Council of Augusta; a master gardener; and citizens at large who have knowledge
of, and interest in trees and the urban forest. The Georgia Forestry Commission
Urban Forester may serve as an ex-officio member.
(c) All terms shall expire on March 30 of the applicable year, and new terms shall
begin on April 1 of the applicable year.
(d) Members shall not receive a salary, although they may be reimbursed for
authorized expenses.
Chapter 8-4-4. ADMIISTRATIO.
The Augusta Planning & Development Department shall have the responsibility
for administering all provisions of this Chapter that relate to the development of private
lands. The Augusta Tree Commission shall have the responsibility of administering all
provisions that relate to the development of public lands.
Chapter 8-4-5. PUBLIC TREE PROTECTIO.
(a) Any request for the severing from the stump and removal of a tree on a public
right-of-way shall be directed to the Augusta Tree Commission for approval. In
the event approval is given, Augusta, GA shall notify the local neighborhood
association, if any, and shall post on such tree for a period of fourteen (14) days a
notice of their intent to remove said tree. Decisions of the Tree Commission shall
be final, and there shall be no appeal to the Augusta Commission.
(b) Trees deemed a danger to the public or the adjoining property by the Tree
Commission or the appropriate City Department shall be exempt from the
restrictions of this section and can be removed for the safety of the public and/or
adjacent properties.
(c) Nothing herein shall be construed as prohibiting the cutting and/or removal of a
tree or trees incidental to a road improvement project, a drainage project, or a
water and sewerage project of Augusta, Georgia or the Georgia Department of
Transportation.
(d) All other projects causing disturbance within rights-of-way which may cause
extensive damage to trees therein shall likewise be reviewed by the Augusta Tree
Commission for recommendations.
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(e) No person or organization shall do any of the following acts to any public tree
without first obtaining the proper permission from the Augusta Tree Commission:
(1) Cut, prune, break, damage, remove, kill or cause to be killed.
(2) Cut, disturb, or interfere, in any way, with the soil or any root within the
dripline.
(3) Place, spray, or apply any chemical that is known to be toxic to trees in a
location that may be absorbed by any part of the tree.
(4) Fasten any rope, wire, sign or other device whether invasive to the tree or
not.
(5) Remove or damage any guard devices placed to protect any tree.
(6) Conduct razing, removal, demolition, expansion, or renovation of any
structure if deemed by Augusta, GA to be damaging to neighboring public
trees.
(7) Maintain a stationary fire or device which vaporizes noxious fumes
deleterious to tree health.
(8) Pave with concrete, asphalt, or other impervious material within the
dripline of any public tree unless approved construction techniques are
followed as prescribed. (Ord. 5933, June 17, 1997)
Chapter 8-4-6. TREE PROTECTIO ZOE; OFFICIAL TREE LIST.
(a) There is hereby established a tree protection zone which shall include all public
rights-of-way and all public lands of Augusta, Georgia.
(b) The Augusta Tree Commission is hereby charged with the duty of determining the
types of species of trees suitable for planting, as well as those prohibited, and the
conditions under which such trees shall be planted along streets, in parks, and in
public places within Augusta, Georgia. When completed, the list shall be
presented to the Augusta Commission for its approval. When approved, the said
report shall be known as the Official Tree List. Revisions in the Official Tree List
may be made from time to time by the Augusta Tree Commission. All trees
hereafter planted on public property of Augusta, Georgia must be on the Official
Tree List, unless otherwise specifically approved by the Augusta Tree
Commission.
Chapter 8-4-7. PLATIG AD MAITEACE STADARDS.
Attachment number 7
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(a) The Augusta Tree Commission shall have the authority to insist that all property
owners treat or else allow the City to treat trees suffering from transmittable
diseases or insect infestations which are on private property but are affecting the
health of public trees on public property. If the disease infestation warrants
drastic action to curb its spread to healthy public trees, at the direction of the
Augusta Tree Commission, the property owner shall remove and dispose of said
trees or else allow Augusta, Georgia to do so.
(b) In case of emergencies, such as windstorms, or other disasters, the removal of
broken limbs or uprooted trees, using proper BMP practices, shall be allowed
during the emergency period so that the requirements of this Chapter would in no
way hamper private or public work to restore order to Augusta, Georgia. This
work is to be done in accordance with the emergency standards as outlined by
Augusta, Georgia.
(c) All pruning on any tree required by this Ordinance shall be performed in strict
compliance with the “American National Standards” as set forth in the ANSI
A300 (Part 1) – 2008 Pruning, or current ANSI standards. A copy of the
standards are available at the Augusta Planning & Development Department for
review or can be purchased at ANSI.org.
Examples:
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Attachment number 7
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Chapter 8-4-8. MOVIG BUILDIGS OR OTHER LARGE OBJE CTS
No person shall move any building or other large objects which may injure any
public tree or parts thereof along any street without first having obtained written
permission from the Augusta Tree Commission and then having obtained a permit from
the License and Inspections Department.
Chapter 8-4-9. LADMARK TREES
The Augusta Commission may, upon petition by the property owner, designate a
tree as a landmark tree, as defined herein. All nominations for landmark trees shall be
reviewed by the Tree Commission which shall make a recommendation on such
nomination to the Augusta Commission. Trees so designated shall thereafter be
considered public landmarks and shall not be destroyed nor endangered except as
recommended by the Tree Commission. The designation of a Landmark Tree shall be
based upon an evaluation of the tree in relation to the criteria set forth in the IGO.
Upon designation as a Landmark Tree, the tree shall be protected as provided in
this Chapter, and the tree quality points assignment shall be based upon a quality points
factor of 200 percent of the tree quality points for a preferred tree of equal DBH.
Chapter 8-4-10. UISACE TREES AD SHRUBS
Any tree or shrub or parts thereof growing on public or private property which
interferes with or endangers the use of the public streets or obscures sight distance or
creates a traffic hazard on intersections or endangers the life, health, safety or property of
the public, shall in the opinion of the Tree Commission be declared a public nuisance.
The owner shall be notified in writing of the existence of the nuisance and be given a
fifteen-day (15) period of time for instigating its correction or removal. If not corrected
or removed within thirty (30) days, the Tree Commission shall cause the nuisance to be
corrected or removed and the cost shall be assessed to the owner as provided by this
Chapter.
Chapter 8-4-11. GREESPACE REQUIREMETS FOR PRIVATE AD
PUBLIC DEVELOPMET
(a) Application. The regulations set forth in this Chapter shall apply to all properties
affected by development proposals requiring site plans pursuant to Section 30-2
of the Comprehensive Zoning Ordinance for Augusta, Georgia. Permits for
clearing land and grading of land shall not be granted until plans as required by
this Chapter have been approved.
(b) Exemptions. The following types of developments are exempt from compliance
with any and all provisions of this Chapter:
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(1) Construction (including clearing) of single-family residential structures on
individual lots; and
(2) The development of streets within a subdivision is exempt from all of the
provisions of the Tree Ordinance except 8-4-11-(e)-(5).
(3) Site Plans that require grading only (no construction of improvements)
may be exempt from providing 1000 Tree Quality Points per acre of
development at the discretion of the Administrator; however a streetyard
must be installed per 8-4-11-(e)-(5).
(4) Telecommunication facilities in LI or HI zoning unless the site is in view
of a residential use in a residential zone, as viewed from the base of the
tower.
(5) Federal, State and local government infrastructure (water, sanitary sewer
and stormsewer) projects.
(c) Greenspace Plan required. Except as herein provided, there shall be a Greenspace
Plan for every applicable development. Such plan shall include a landscape
element, a tree protection element, and a tree establishment element.
(d) Landscape element. Such element shall include a topographic survey map
illustrating compliance with the design principles and standards included in the
following section.
(e) Landscape element design principles and standards.
(1) A minimum of ten (10) percent of the total land area of any development
shall be devoted to greenspace.
(2) No artificial plants, trees, or like materials shall be counted toward
meeting the standards of these regulations.
(3) All retained or planted trees shall be protected or situated so as to prevent
damage from environmental changes (such as a lowered water table) or
land disturbance resulting from any building or facility construction.
(4) Sidewalks, curbing, or any other paved or impermeable surfaces within the
greenspace area shall not count towards the ten (10) percent minimum
greenspace or street yard requirement.
(5) A street yard area shall be provided along any existing or proposed public
street right-of-way or private right-of-way adjacent to or adjoining the
property except for those portions of the lot used for driveways. Detention
or retention ponds at the front of the property near the right-of-way do not
relieve the developer from installing the required street yard.
Attachment number 7
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For site plans that include fewer than one hundred (100) total parking and
loading spaces, the minimum width of the streetyard shall be 10’ and the
streetyard shall be that area immediately adjacent to the right-of-way.
Street yards shall be landscaped and properly maintained by the owner and
shall have live vegetation including groundcover, grass, trees, shrubs and
may, unless otherwise prohibited, include fences and walls and plantings
for parking areas. Each street yard shall have at least one (1) large tree for
each forty (40) linear feet on center of street frontage, with a large tree
being located within 20' of each side property line. All planted trees must
be at least three (3) inches in caliper, have a single trunk, and be
unbranched to six (6) feet.
In zoning districts where zero setbacks are permitted by the
Comprehensive Zoning Ordinance for structures adjoining public street
rights-of-way, the street yard and its plantings may be located upon the
public property if approved by the Department of Public Works. In all
other cases, the street yard must be located on private property.
For site plans that include one hundred (100) or more total parking and
loading spaces, the minimum width of the streetyard shall be 15’ and the
streetyard shall be that area immediately adjacent to the right-of-way.
When a use of land is intensified or expanded in such a way that the
required parking must be increased more than twenty (20) percent (except
for parking areas where a twenty (20) percent increase would be less than
5 new spaces) then the entire site including the already developed area
must be provided with a street yard. The minimum width of the streetyard
shall be 5’ and the streetyard shall be that area immediately adjacent to the
right-of-way.
Where a property adjoins a right-of-way such as gas, power, railroad, etc.,
that is adjacent to and parallel with a public or private street, the subject
property shall be deemed to front on the public or private street and
streetyard requirements shall be adhered to.
When a major subdivision (10 lots or more) of property occurs along an
existing or proposed public street, a streetyard 10’ in width , adjacent to
the right-of-way, shall be installed and have at least one (1) large tree for
each forty (40) linear feet on center of street frontage, with a large tree
being located within 20' of each side property line. All planted trees must
be at least three 3 inches in caliper, have a single trunk, and be unbranched
to six (6) feet. Streetyards shall be landscaped and properly maintained by
the owner and shall have live vegetation, groundcover, grass, trees, shrubs,
and may, unless otherwise prohibited, include fences and walls and
plantings for parking areas.
As of January 2003, any existing streetyard tree may not be cut or
removed without permission of the Tree Commission.
Attachment number 7
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(6) Parking lots providing over five (5) spaces shall contain interior
landscaped areas. This section shall apply to any surface parking lot or
loading area or vehicular service area or portions thereof built after the
adoption of this Chapter. The number, size, and shape of interior
landscaped areas shall be at the discretion of the owner subject to the
following provisions:
(a) A minimum of five (5) percent of the total interior area of parking
lots, loading areas, and vehicular use areas shall be devoted to
landscaping. Required street yards may not count toward the five
(5) percent. There shall be no more than twelve (12) consecutive
parking spaces between planting islands, which must contain a
medium or large tree, and which must be at least one hundred
(100) square feet in area with a minimum width of eight (8) feet
measured inside of curb to inside of curb. On such site plans one
of every five (5) required planting islands must be a minimum of
37.5 feet in length and eight (8) feet in width, inside of curbing,
unless all parking spaces are arranged around the perimeter of the
parking lot. When row parking is utilized, the end of each row of
parking must be a double planting island with a minimum of one
medium or large tree per row of parking.
When a use of land is intensified or expanded in such a way that
the required parking must be increased more than fifty (50) percent
(except for where such an increase would be less than twenty (20)
spaces), the new parking area must conform to the requirements of
this subsection and the already developed parking area must be
retrofitted with planting islands at a rate of one for every twelve
(12) which is no less than one hundred (100) square feet in area
and with a minimum width of eight (8) feet.
All internal planting areas shall be landscaped with approved plant
materials compatible with accepted arboricultural practices as set
forth in the IGO. The area devoted to interior planting islands may
be deducted from the required parking area pursuant to Section 4-2
of the Zoning Ordinance at a rate of one (1) space per two hundred
(200) square feet of planting island except that the requirement of
spaces shall not be reduced over ten (10) percent.
For the purposes of calculating consecutive parking spaces,
handicapped parking spaces shall equal one and one-half (1-1/2)
parking spaces.
As of January 1, 2003, any existing parking lot tree may not be cut
or removed without permission of the Tree Commission.
(b) No parking space shall be further than 65 feet from the trunk of a
medium or large tree with no intervening building.
Attachment number 7
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(c) Within existing parking areas, all new curbing around landscaped
islands shall match existing curbing within the site. If no curbing
is present within the site, then concrete curb and gutter, per City of
Augusta standards and specifications, shall be used around
landscaped islands.
In new parking areas, all curbing around landscaped islands shall
be concrete curb and gutter, as approved by the City Engineer.
(7) Lighting serving to illuminate a parking area shall not be located within a
required planting island. Further, no light pole taller than 12’ shall be
within 20’ of a large or medium tree.
As of December 31, 2008, all light pole locations shall be indicated on the
Landscape Plan.
(a) No flag poles shall be located within a required landscaped island nor
within 20’ of a large or medium tree.
(b) No signs, except for directional signs, shall be located within a
required landscaped island, nor within 20’ of a large or medium tree
provided that no such directional sign shall exceed 30 inches in height
nor more than 4 square feet in area.
(c) No utility boxes, fire hydrants, transformers or other site
appurtenances shall be located in a required landscaped island.
(8) A permanent water source shall be provided not more than one hundred
(100) feet from any planted tree.
(9) Where the rear property line in a multiple-family residential, professional,
commercial or industrial zone abuts an R (Residential) zone or single-
family residence, a buffer strip not less than twenty (20) feet in width shall
be provided. Further, where the rear property line in a commercial zone
abuts an A (Agricultural), R-MH (Residential Manufactured Home), R-2
(Two-family Residential), or R-3 (Multi-family Residential) zone or
single-family residence within one of these zones, a buffer strip not less
than twenty (20) feet in width shall be provided. This buffer strip shall be
designed to provide a year-round visual screen that is at least eight (8) feet
in height and completely blocks the view of the subject property by a
person standing just across the property line on the adjoining residential
property. It shall consist of six (6) foot solid board or 'shadowbox' style
fence or masonry wall that has two finished sides and is approved by the
Tree Commission, unless a fence already exists on the adjoining property
that meets the requirements of this Ordinance. The buffer strip shall be
planted with medium or large trees spaced on 40 foot centers with
interplanted evergreen plant material, berms, mounds or combinations
thereof to achieve the objective within a maximum three (3) year period.
No buildings, structures, storage of materials, or parking shall be
permitted within this buffer area. Buffer areas shall be maintained and
kept free of all debris, rubbish and weeds.
Attachment number 7
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As of January 2003, any existing rear bufferyard tree may not be cut or
removed without permission of the Tree Commission.
(10) Where the side property line in a multiple-family, professional,
commercial, or industrial zone abuts an R (Residential) zone or single-
family residence, a planted buffer strip not less than ten (10) feet in width
shall be provided. Further, where the side property line in a commercial
zone abuts an A (Agricultural), R-MH (Residential Manufactured Home),
R-2 (Two-family Residential), or R-3 (Multi-family Residential) zone or
single-family residence within one of these zones, a buffer strip not less
than twenty (20) feet in width shall be provided. This buffer strip shall be
designed to provide a year-round visual screen that is at least eight (8) feet
in height and completely blocks the view of the subject property by a
person standing just across the property line on the adjoining residential
property.
Said buffer strip shall begin at the front setback line and extend along the
entire remaining side boundary. It shall consist of a six (6) foot solid
board or shadowbox" style fence or masonry wall that has two finished
sides and is approved by the Tree Commission, unless a fence already
exists on the adjoining property that meets the requirements of this
Ordinance. The buffer strip shall be planted with medium or large trees
spaced on 40 foot centers with interplanted evergreen plant material,
berms, mounds or combinations thereof to achieve the objective within a
maximum three (3) year period. Buffer areas shall be maintained and kept
free of all debris, rubbish and weeds. No buildings, structures, storage of
materials, or parking shall be permitted within this area.
As of January 2003, any existing side bufferyard tree may not be cut or
removed without permission of the Tree Commission.
(11) The mature or ultimate spread of planted trees shall be shown on the
Greenspace Plan. Planted trees shall be diagramed according to the
following minimum standards in order to qualify for tree quality points:
*large trees - thirty-five (35) foot spread
*medium trees - twenty-five (25) foot spread
*small trees - fifteen (15) foot spread
(12) No new utilities (overhead or underground) shall be located directly above
or below existing or proposed tree locations. (Proposed utilities must be
routed away from all trees.)
(f) Tree protection and tree establishment elements. Land cleared for development or
land being proposed for development shall have, after development, not less than
one thousand (1,000) tree quality points (TQP) per acre on a given site. Tree
quality points shall only be calculated on the acreage of the site that is being
developed. Undeveloped portions of the site shall not be required to provide tree
quality points (including street yard requirements) nor shall tree quality points for
Attachment number 7
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existing trees be counted toward the requirements of the developed portion of the
site. Tree protection and tree establishment elements may be provided separately
or collectively depending on the nature, complexity, and scale of the
development. Such elements shall include a topographic survey map showing:
(1) Existing tree cover and tree cover that is to be removed.
(2) The location and species of all trees to be retained on the developed
portion of the site for which tree quality points are to be claimed,
including their DBH, tree quality points, and their tree protection zones.
Where a grouping or cluster of twenty (20) or more trees is located within
a proposed tree protection zone, the location of individual trees within
such cluster is not required to be spotted on the plan, provided the number
of trees for each species within the cluster is given and the average DBH is
identified for each species. Existing trees on undeveloped portions of the
site (i.e. future development) or trees within the right-of-way(s) cannot be
counted toward Tree Quality Points.
(3) The location, species, and DBH of all trees located on adjacent rights-of-
way.
(4) A listing of all trees to be planted on the site for which tree quality points
are to be claimed, giving their respective species, caliper, and tree quality
points.
(5) A description of tree planting specifications if different from those listed
in the Illustrated Guide to Implementing the Augusta-Richmond County
Tree Ordinance (IGO).
IGO and any amendments thereto are hereby adopted by reference. The
guide will be reviewed annually by the Tree Commission with the updated
version being adopted by reference and each time made a part hereof. All
Greenspace Plans shall be provided in a manner consistent with provisions
contained therein.
As of January 2003, any existing tree that would count toward the overall
requirement for tree quality points (TQP) may not be cut or removed
without permission of the Tree Commission.
(g) Tree protection and tree establishment standards. Tree protection zones shall be
established and maintained for all trees preserved or planted on a site for which
tree quality points are to be claimed. The following provisions apply to such
zones and the trees within them.
(1) The tree protection zone shall have a dimension of not less than one-half
(1/2) the distance to the dripline of the preserved tree, or the minimum tree
protection zones for planted trees set forth in Table 1; whichever is
greater. Tree protection zones shall be barricaded prior to the
commencement of construction and until the Certificate of Occupancy has
been issued.
Attachment number 7
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(2) The area within any tree protection zone must remain open and unpaved.
The use of perforated pavement may be allowed subject to the approval of
the Administrator.
(3) Deleted
(4) No vehicles shall be parked, construction material stored, substances
poured, disposed of, or placed, within any tree protection zone at any time
during clearing or construction of the project.
(5) No change in grade within the tree protection zone shall be allowed except
for a maximum addition of two (2) inches of sandy loam topsoil covered
with mulch.
(6) Tree wells or tree walls (islands) shall be constructed as needed to protect
the preserved trees from grade changes which result in changes of water
supply to the tree protection zone. Adequate means for drainage of excess
moisture from the tree protection zone shall be provided if tree wells or
tree walls are constructed.
(7) For planted trees, the minimum size Tree Protection Zone centered upon
the planted tree shall be as specified in Table 1.
(8) The ground elevation where trees are to be planted in a street yard shall be
within five (5) feet of the ground elevation of the street right-of-way.
Table 1
Minimum Tree Protection Zone for Planted Trees
Mature Minimum Area **
Tree Size Square Feet Protection Zone
small * 16 2.0' radius
medium * 66 3.0' radius
large * 200 4.0' radius
* A listing of small, medium, and large trees is found in IGO.
** Protection Zone = Minimum distance from tree trunk to edge of
dripline.
(h) Tree standards.
(1) All required trees shall be grown within one climatic zone of Augusta,
GA.
Attachment number 7
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(2) All required trees shall be nursery grown, typical of their species or
variety, with normal, densely developed branches and vigorous, fibrous
root systems. Trees shall be sound, healthy, vigorous, free from defects,
free from disfiguring knots, free from sun scald injuries, frost cracks
and/or abrasions of the bark, and be free from plant diseases, insect eggs,
borers, and all forms of infestation. All trees shall have a fully developed
form without voids and open space. Trees shall not be loose in the
container or root ball. It is recommended that dug trees shall have been
root pruned at least once.
(3) All required trees shall have straight, single central leaders. Trees that
have the main trunk forming a “Y” shape are not acceptable. Trees that
are not fully branched will not be accepted. Trees shall have no bark
damage and shall not be leaning or have significant sweep, crook or bend.
Trees shall have a minimum 3” caliper and shall have no branch more than
½ the diameter of the main leader and shall have a straight unbranched
trunk to 6’. Trees specified as “multi-stemmed” shall have a minimum of
3 and a maximum of 5 separate canes a minimum of 1” caliper each
coming from the root ball and pruned into tree form with no branches on
the lower half of the tree. Multiple plants shall not be used as a “multi-
stemmed” plant.
(4) All required trees shall be set in the planting pit to proper grade and
alignment, and shall be set upright, plumb and faced to give the best
appearance or relationship to other trees. Each tree shall be set 1-2” above
the finish grade and backfill shall be brought even with the top of the root
ball. No fill shall be permitted atop the root ball.
(5) All burlap, ropes, straps and wires shall be removed from the root ball. If
it is not possible to remove the burlap and wire from the bottom of the root
ball, the burlap and wire shall be cut away from the sides and removed
from the hole.
(6) After required trees are set, the backfill shall be muddled around the base
of the root ball and all voids shall be filled.
(7) All required trees shall have their planting pits mulched with approved
mulching material immediately after planting. The mulched areas shall be
thoroughly water. Note: Mulch shall be placed to a maximum thickness of
3” except at the trunk, where it shall be no more than 1”.
(8) If staking and supports have been installed on the required tree(s), all
staking and supports shall be removed after one growing season.
Attachment number 7
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(i) Tree quality points.
(1) Tree quality points shall be assigned to preserved or planted trees as
described in the Illustrated Guide to Implementing the Augusta-Richmond
County Tree Ordinance (IGO).
a. Deleted
b. Deleted
Table 2
Tree Quality Points for Planted Trees
Mature
Size Acceptable Recommended Preferred
small * 5 5,10,15,20,30 10,15,20,30,40
medium * 5 15,30 30,40,60,90
large * 15 40 40,90
* A listing of small, medium, and large trees is found in the IGO.
(2) Tree quality points for preserved trees. Quality points for trees preserved
on the site are directly related to the tree species quality and the tree
protection zone that must be provided for the tree. For preserved trees,
tree quality points are calculated by squaring the tree's DBH (diameter at
breast height) and multiplying this number by the applicable quality points
factor. If the calculated tree quality points is less than that given for
planted trees in Table 2, then the greater number will apply.
(DBH)2 X (Quality Points Factor) = Tree Quality Points
Table 3
Tree Quality Points Factor
Tree Quality Rating Quality Points Factor *
Acceptable 0.2
Recommended 0.6
Preferred 1.4
Landmark Trees 2.0
* The assigned quality points factor is found in the Tree Species List in IGO.
Attachment number 7
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Chapter 8-4-12. COMPLIACE.
All improvements shown in the Greenspace Plan shall be constructed and all plant
materials shall be in place and approved by Augusta-Richmond County before a
Certificate of Occupancy will be issued for any use of land or structure(s) that is not
exempted from this Ordinance. If at the time of request for a Certificate of Occupancy
the required landscaping is not in place and it can be determined Augusta-Richmond
County personnel that unavailability of plant materials or that weather conditions prohibit
completion of this planting, then the developer may, at the discretion of the Executive
Director, provide an executed contract binding until December 31 of the calendar year in
which the application is made that provides for the completion of such landscaping work,
and also a Performance Bond or an Irrevocable Letter of Credit from a federally insured
lender in an amount to be approved by Augusta-Richmond County commensurate with
the cost of completing the required landscaping.
Existing trees or other landscape features as delineated on previously approved Site Plans
and subsequently installed to conform with the minimum standards of this Ordinance
may not be removed or altered without prior approval of the Tree Commission.
In the event that trees cannot be planted on the site due to hardship, a variance of the Tree
Commission may be applied for. The variance request shall include: the variance fee, as
set forth by the Augusta, GA, a letter explaining the need for the variance, a mitigation
package at a rate of two trees for every tree not planted on the site, (trees will be planted
at another location on the site or at a location as set forth by the Augusta Tree
Commission), and a Landscape Establishment Bond in the amount of $500 per tree in the
mitigation package. If trees are to be planted offsite, installation of the trees will be the
developer’s responsibility, and maintenance for a two year term, from the date that the
trees are planted will also be the developer’s responsibility. A Maintenance Agreement
will also be required for a term of two years, unless waived by the Augusta Tree
Commission. In lieu of the mitigation package, a fee in the amount of $1500 per tree to
be mitigated shall be payable to Augusta-Richmond County, and deposited in a separate
Landscaping Account (hereinafter referred to as the “Tree Bank”), for placement of or
replacement of trees within the City. A Landscape Establishment Bond nor a
Maintenance Agreement will be required if this option is exercised.
Chapter 8-4-13. LADSCAPE ESTABLISHMET BOD.
A two-year Landscape Establishment Bond shall be posted with the Administrator
prior to issuance of the Certificate of Occupancy. This bond shall be in the amount of the
contract award for landscaping or in an amount determined by Augusta-Richmond
County, whichever is higher. After 18 months, the Augusta-Richmond County shall
inspect the site and make a determination as to whether or not the required trees and
landscaping have not been removed, the required trees and landscaping are healthy, the
growth and the integrity of the required trees have not been compromised, the canopy of
the required trees have not been reduced in any fashion, and the required trees have a
reasonable chance of surviving to maturity. Upon such a finding, the bond shall be
released at the end of the two-year Landscape Establishment Bond period. In absence of
such a finding, the Landscape Establishment Bond shall not be released and the
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owner/developer of the property shall be notified to replace the unhealthy trees and
landscaping or take other appropriate action as required by Augusta-Richmond County.
If the owner/developer fails to comply with the decision of Augusta-Richmond County
within sixty (60) days of receiving a written notice, then the City shall use the Landscape
Establishment Bond to the extent necessary to bring the property into compliance with
the provisions of these regulations.
Before release of the Landscape Establishment Bond, documentation (an Agreement to
Maintain Required Landscaping) shall be signed by the Owner certifying that the
required trees located on the site will not be removed, the growth and the integrity of the
required trees will not be compromised, nor shall the canopy of the required trees be
reduced without prior approval of the Tree Commission.
Chapter 8-4-14. APPEALS AD VARIACES.
(a) Decisions of the Administrator may be appealed to the Augusta Tree
Commission. The Tree Commission shall also hear requests for variances from
the provisions of this Chapter. The variance request must be made in writing to
the Administrator by the first Monday of any given month for that month’s Tree
Commission meeting. The Tree Commission shall review the appeal or variance
and make its recommendations to the Administrator.
(b) Variances shall only be granted upon a determination that the variance is the
minimum necessary to afford relief and when in the opinion of the Tree
Commission relief is justified.
(c) Variances shall only be granted upon:
(1) A determination that failure to grant the variance would result in
exceptional hardship; and
(2) A determination that the granting of a variance will not adversely impact
the intent and purpose of these regulations.
(d) The Tree Commission may approve, deny, or approve with conditions a request
for a variance. Conditional approval may be granted where mitigation of the
impact is agreed upon by the Tree Commission and the petitioner.
(1) The Tree Commission, at its discretion, may require mitigation plantings in
City street right-of-ways, in City parks, or on other City-owned property.
(2) The Tree Commission, at its discretion, may require a mitigation fee to be
paid to the City’s Trees and Landscape Department, to be used for plantings in
City Street right-of-ways, in City parks, or on other City-owned property.
Attachment number 7
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Chapter 8-4-15. ABROGATIO AD GREATER RESTRICTIOS .
This Chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Chapter and another regulation
conflict or overlap, whichever regulation imposes the more stringent restrictions shall
prevail.
Chapter 8-4-16. SEVERABILITY.
If any provision of this Chapter is declared to be invalid, such declaration shall
not affect, impair, or invalidate the remaining provisions of this Chapter.
Chapter 8-4-17. EFORCEMET, VIOLATIO AD PEALTY.
All violations of the provisions of this Chapter or failure to comply with any of its
requirements shall be reported to the Augusta Tree Commission. Once a violation is
evident, the Augusta Tree Commission, acting on behalf of the Augusta Commission,
shall notify the owner in writing of the apparent violation of this Chapter. The written
notice shall direct the owner to cease the violation until such time as the requirements and
procedures of this Chapter have been met. Upon failure of the owner to comply with this
notice, the Augusta Tree Commission shall notify the Augusta City Attorney of the
violation and the Augusta City Attorney shall immediately begin legal procedures in the
Superior Court of Richmond County to prevent, enjoin, abate, or terminate such
violations in addition to injunctive relief. All persons, firms or corporations failing to
comply with the mandatory provisions hereof or doing any act prohibited hereby shall be
guilty of a misdemeanor and shall be punished as provided in Chapter 1-6-1 of this Code.
Each day such violations continue shall be considered a separate offense. Nothing herein
contained shall prevent the Augusta Commission from taking such other lawful action as
is necessary to prevent or remedy any violations.
Any action resulting in the death or destruction of a public tree on City property or within
City right-of-way shall be subject to a fine depending on the size of the tree. Trees of 3”-
10” caliper will be fined $1000 per damaged/destroyed tree toward the replacement of
tree(s) of equal caliper, species to be approved by the Augusta County Tree Commission.
Replacement trees must carry a 2 year Landscape Establishment Bond per the
requirements of 8-4-13. Trees larger than 10” caliper will be fined $1,000 plus
replacement cost of the tree, as determined by the Augusta Tree Commission, up to a
maximum of $10,000 per tree. The replacement tree shall be of equal caliper or as
approved by the Augusta Tree Commission. Replacement trees must carry a 2 year
Landscape Establishment Bond per the requirements of 8-4-13. Nothing herein contained
shall prevent the Augusta Commission from taking such other lawful action as is
necessary to prevent or remedy any violations.
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Done in Open Meeting under the Common Seal thereof this ____________ day of
__________________________, 2011.
Approved by the Augusta Commission this ____________ day of
__________________________, 2011.
Deke Copenhaver, Mayor
ATTEST:
______________________________________________
Lena J. Bonner
Clerk of Commission
First reading - _____________________________
Second reading - ___________________________
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AUGUSTA-RICHMOND COUNTY
ILLUSTRATED GUIDE
REVISED: January 2011
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ILLUSTRATED GUIDE TO IMPLEMETIG
THE AUGUSTA-RICHMOD COUTY TREE ORDIACE (IGO)
I. Purpose 1
II. Calculations for Tree Protection and Tree Establishment Elements of a
Greenspace Plan 1
III. Tree Species List 4
IV. Tree and Site Related Disturbances 16
V. Methods of Tree Protection 18
VI. Standards for Remedial Tree Care 21
VII. Standards for Selecting Quality Planting Stock 21
VIII. Transplanting Standards 21
IX. Criteria for Landmark Trees 22
Appendix 23
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ILLUSTRATED GUIDE TO IMPLEMETIG
THE AUGUSTA-RICHMOD COUTY TREE ORDIACE
I. Purpose
This document provides standards and specification for use in determining
whether or not a development project as defined in Section VIII (A) of the Augusta-
Richmond County Tree Ordinance is in compliance with the provisions of that
Ordinance. Specifically the standards and specifications contained herein shall be used to
determine compliance with the tree protection and tree establishment provisions of the
Greenspace Plan as required by Section VIII (C) of the Augusta-Richmond County Tree
Ordinance.
II. Calculations for Tree Protection and Tree Establishment Elements of a
Greenspace Plan
A. Standard – It must be demonstrated that land to be cleared for development or land being
proposed for development shall have, after development, not less than 1,000 tree quality
points per acre on a given site (Ref. Section VIII (F) of Augusta-Richmond County Tree
Ordinance). In order to receive tree quality points, any planted tree must be provided
with a minimum Tree Protection Zone based upon its mature size as defined in the tree
list. Trees that are to be preserved on a site must be protected (i.e. tree fences, no
grading, fill or vehicular encroachment) within an area that is defined by a diameter in
feet that is one and one half times the DBH of the tree in inches in order to qualify for
Tree Quality Points. For example:
A tree with a 40 inch DBH must be protected within a radius of 30 feet from the tree. (Refer to
Illustration 1: Tree Protection Zone)
40” x 1.5 = 60 foot diameter
Radius = ½ x diameter
= ½ x 60 = 30 feet
The area of this Tree Protection Zone is calculated as follows:
Area = (pi)(r)²
=3.141 (30)²
=2826.9 square feet
Guidelines for tree protection are found in Section V – IX of this guide.
Tree Quality Points quantify the relative value of one tree to another based on three
criteria:
1. Species Quality: This is a mixture of objective and subjective measures based
upon maintenance records, scientific research, and the experience of experts in
the field. The relative value of species has been determined specifically for the
Augusta area and environment. Species’ quality is ranked in order of increasing
desirability as Acceptable, Recommended, or Preferred.
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2. Space Requirement: This factor applies to trees that are retained on a site. Since
large diameter trees require proportionately larger areas to be set aside as a Tree
Protection Zone, Tree Quality Points are assigned in proportion to this space
requirement.
3. Expected Mature Value: For trees that are planted on a site, Tree Quality Points
assignment is in proportion to the potential size of the tree species and the
minimum planting space in which that species can develop in a safe and healthy
manner. The mature size is categorized in terms of small, medium, or large.
B. Method: For preserved trees, Tree Quality Points assignment is calculated by
multiplying the (DBH)² by the Tree Quality Points Factor. If the calculated Tree Quality Points is
less than that given for planted trees, then the greater number shall apply. The Tree Quality
Points Factors for preserved trees are as follows:
(DBH)² x (Quality Points Factor) = Tree Quality Points
Species Rating Quality Points Factor
Acceptable 0.2
Recommended 0.6
Preferred 1.4
*Landmark 2.1
*Landmark trees must be certified by the Department of Public Works.
For planted trees, Tree Quality Points assignment can be found on the following chart after
checking the tree species for desirability rating:
Mature Size Acceptable Recommended Preferred
Small 5 5,10,15,20,30 10,15,20,30,40
Medium 5 15,30 30,40,60,90
Large 15 40 40,90
C. Example Calculation: A restaurant is being planned. The number of Tree Quality
Points required for the site calculated by multiplying the area of the site by 1,000 (1.75 acres x
1,000 =1750 Tree Quality Points). The developer wishes to save six existing trees on the site.
The formula for calculating Tree Quality Points for preserved trees is: (DBH)² x (Quality Points
Factor) = Tree Quality Points. The calculation of Tree Quality Points that would accrue to the six
preserved trees is as follows:
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Note that the Quality Points Factor is provided for each species in the tree lists.
Tree #1 12” DBH Water Oak (12)² x 0.6 = 86.4 TQPs
Tree #2 16” DBH Loblolly Pine (16)² x 0.6 = 153.6 TQPs
Tree #3 10” DBH Loblolly Pine (10)² x 0.6 = 60.0 TQPs
Tree #4 16” DBH Loblolly Pine (16)² x 0.6 = 153.6 TQPs
Tree #5 8” DBH Red Maple (8)² x 0.6 = 38.4 TQPs
Tree #6 4” DBH Dogwood (4)² x 1.4 = 22.4 TQPs
Total 514.40 TQPs
*Note that the TQPs are less than what is given for planted trees, so the greater number will
apply.
The Developer must therefore plant enough trees on the site to make up the difference between
the 1750 required Tree Quality Points and the 514.40 points he will receive for preserved trees, or
1235.6 TQPs. The Tree Protection and Tree Establishment of the Greenspace Plan for the project
show that thirty-one new trees will be planted on the site for the street yard and parking lot
requirement.
Tree Symbol Species #Trees TQPs Total TQPs
Planted
CM Crepe Myrtle 12 x 40 480
WO Willow Oak 2 x 90 180
RM Red Maple 7 x 40 280
JM Japanese Maple 2 x 30 60
H Holly 2 x 30 60
GR Golden Rain Tree 6 x 30 180
Total TQPS 1240
Quality points are assigned to each tree to be planted by comparing the species rating to the size
at maturity. By adding the individual tree quality points of all thirty-one trees to be planted, it is
determined that the sum is 1240 TQPs. This exceeds the 1235.6 points needed so the Tree
Protection and Tree Establishment Elements of the Greenspace Plan are acceptable.
III. Tree Species Lists
The following pages list species by size classifications that shall be used to determine the
Quality Rating of trees to be preserved or planted as well as the quality points. Tree species or
cultivars not listed will be considered by the Tree Commission upon request and quality points
assigned accordingly.
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SECTION III
NATIVE TREE SPECIES LIST
LARGE TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Ash, Green Preferred 90 1.4
Fraxinys pennsylvanica
2. Ash, White Preferred 90 1.4
Fraxinus, americana
3. Basswood, White Recommended 40 0.6
(Linden)
Tilia heterophylla
4. Beech, American Preferred 90 1.4
Fagus, grandifolia
5. Birch, River Recommended 40 0.6
Betula nigra
“Dura-Heat”
6. Cedar, Eastern Red ** Preferred 40 2.0
Juniperus virginiana
7. Cypres, Bald Preferred 90 1.4
Taxodium distichum
8. Cypress, Pond Recommended 40 0.6
Taxodium ascendens
9 . Elm, American * Preferred 90 1.4
Ulmus americana
must be “Princeton” or “Jefferson” for new planting
10. Elm, Slippery Recommended 40 0.6
Ulmus rubra
11. Elm, Winged Recommended 40 0.6
Elmus alata
12. Hickory, Mockernut ** *** Recommended 40 0.6
Carya tomentosa
13. Hickory, Pignut ** *** Recommended 40 0.6
Carya glabra
* If cultivar “Princeton” is used, specie becomes “preferred” with appropriate increase in quality
points (90 points).
** Quality points for retention will be rewarded as shown provided tree is a minimum caliper of 4
inches. Less than that will be awarded the factor less 25%
*** Not recommended for parking lots
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NATIVE TREE SPECIES LIST
LARGE TREES (Continued)
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
14. Magnolia, Southern *** Preferred 90 1.4
Magnolia granifolia
15. Maple, Florida Preferred 90 1.4
Acer barbatum
16. Maple, Red Species *** Recommended 40 0.6
Acer rubrum
“Red Sunset”
“October Glory”
“Autumn Flame”
“Autumn Blaze”
“Drumondii”
“Summer Red”
17. Maple, Sugar Preferred 90 1.4
Acer saccharum
“Legacy”
18. Mulberry Red Acceptable 15 0.2
Morus rubra
19. Oak, Chestnut Preferred 90 1.4
Quercus prinus
20. Oak Darlington Recommended 60 0.6
Quercus hemispherica
21. Oak, Laurel Recommended 60 0.6
Quercus laurifolia
22. Oak, Live *** Preferred 90 1.4
* Quercus virginiana
23. Oak, Northern Red Preferred 90 1.4
Quercus rubra
24. Oak, Nuttall Preferred 90 1.4
Quercus nuttallii
25. Oak, Pin Preferred 90 1.4
Quercus palustris
26. Oak, Shumard Preferred 90 1.4
Quercus shumardii
27. Oak, Southern Red Preferred 90 1.4
Quercus falcata
*** Not recommended for parking lots
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NATIVE TREE SPECIES LIST
LARGE TREES (Continued)
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
28. Oak, Swamp Chestnut Preferred 90 1.4
Quercus mechauxii
29. Oak, Scarlet Preferred 90 1.4
Quercus coccinea
30. Oak, Water Recommended 40 0.6
Quercus Nigra
31. Oak, White Preferred 90 1.4
Quercus alba
32. Oak, Willow Preferred 90 1.4
Quercus, phellos
33. Pine, Loblolly *** Recommended 40 0.6
Pine taeda
34. Pine, Longleaf *** Recommended 40 0.6
Pinus palustris
35. Poplar, Yellow Preferred 90 1.4
Liriodendron tulipifera
36. Sourwood Recommended 40 0.6
Oxydendrum arboreum
37. Sugarberry (Hackberry) Recommended 40 0.6
Celtis laevigata
38. Sweetgum (seedless) Preferred 90 1.4
Liquidambar styraciflua
(Rotundiloba only for new planting)
39. Sycamore, American *** Recommended 40 0.6
Platanus occidentalis
40. Tupelo, Black (Blackgum) Preferred 90 1.4
Nyssa sylvatica 'forum’
*** Not recommended for parking lots or street yards
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SECTION III
NATIVE TREE SPECIES LIST
MEDIUM TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Carolina Silverbell Preferred 30 1.4
Halesia caroliniana
2. Holly, American Preferred 30 1.4
Ilex opaca
3. Hophornbeam, Eastern Preferred 60 1.4
Ostrya virginiana
4. Hornbeam, American Preferred 60 1.4
Carpinus caroliniana
5. Persimmon *** Recommended 15 0.6
Diospyros virginiana
6. Pine, Virginia *** Recommended 30 0.6
Pinus virginiana
7. Sassafras Recommended 30 0.6
Sassafras albidum
8. Sweetbay *** Preferred 60 1.4
Magnolia virginiana
*** Not recommended for parking lots or street yards
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SECTION III
NATIVE TREE SPECIES LIST
SMALL TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Buckeyes Recommended 10 0.6
Aesculus spp.
2. Devilwood Preferred 15 1.4
Osmanthus americanus
3. Dogwood, Flowering Preferred 20 1.4
Cornus florida
4. Downy Serviceberry Preferred 20 1.4
Amelanchier arborea
5. Hawthorn Preferred 20 1.4
Crataegus spp.
6. Loblolly Bay Recommended 5 0.6
Gordonia lasianthus
7. Maple, Chalkbark Preferred 20 1.4
Acer leucoderme
8. Redbay Recommended 5 0.6
Persia borbonia
9. Redbud, Eastern Preferred 20 1.4
Cercis canadensis
10. Red Cedar Preferred 40 1.4
Juniperus virginiana
“Burkii” or “Brodie”
11. Waxmyrtle Recommended 5 0.6
Myrica cerifera
12. Yaupon Holly Recommended 10 0.6
Ilex vomitoria
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SECTION III
ORNAMENTAL AND EXOTIC SPECIES LIST
LARGE TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Chinese Elm Preferred 90 1.4
Ulmus parvifolia
(all cultivers except “Drake”)
2. Cryptomeria *** Preferred 90 1.4
Cryptomeria japonica
3. Dawn Redwood Preferred 90 1.4
Metasequoia
glyptostroboides
4. Ginko Preferred 90 1.4
Ginko biloba
(male only)
5. Japanese Zelkova *** Recommended 40 0.6
Zelkova serrata
6. Pistacio Preferred 90 1.4
Pistacio chinensis
7. Deodora Cedar Preferred 40 1.4
(Cedrus Deodora)
*** Not recommended for landscape islands in parking lots
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SECTION III
ORNAMENTAL AND EXOTIC SPECIES LIST
MEDIUM TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. American Yellowood 60 1.4
Cladrastis Kentukea Preferred
2. Callery Pear Recommended 30 0.6
Pyrus calleryana
“Aristocrat”
3. Callery Pear Recommended 30 0.6
Pyrus calleryana
“ Cleveland Select”
4. Chinese Evergreen Oak Preferred 40 1.4
Quercus myrsinifolia
5. Foster Holly *** Preferred 30 1.4
Ilex opaca “fosteri”
6. Japanese Evergreen Oak Recommended 15 0.6
Quercus acuta
7. Savannah Holly *** Preferred 30 1.4
Ilex Opaca “Savannah”
8. Trident Maple Preferred 90 1.4
Acer buergeranum
10. Green Giant Aborvitae *** Preferred 90 1.4
(Thuja)
11. Parrotia Preferred 90 1.4
*** Not recommended for parking lots or streetyards
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SECTION III
ORNAMENTAL AND EXOTIC TREE SPECIES LIST
SMALL TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Blue Japanese Oak Recommended 5 0.6
Quercus glauca
2. Callaway Crabapple Recommended 5 0.6
Malus prunifolium
“Callaway” only
3. Cherry Plum Recommended 5 0.6
Prunus cerasifera
“Newport”
4. Chinese Fringetree Preferred 30 1.4
Chionanthsu retusus
5. Chinese Redbud Preferred 10 1.4
Cercis chinensis
6. Crepe Myrtle Preferred 40 1.4
Lagerstroemia
“Natchez”
“Tuscarom”
“Fantasy”
“Muscogee”
“Dynamite”
“Sioux”
7. Fragrant Tea Olive Recommended 15 0.6
Osmanthus fragrans
8. Golden Raintree * Preferred 30 1.4
Koelreuteria
paniculata or bipinata
9. Higan Cherry Recommended 5 0.6
Prunus subhirtella
10. Japanese Dogwood Preferred 30 1.4
Cornus Kousa
11. Japanese Maple Recommended 30 0.6
Acer palmatum
various cultivers
12. Lilac Chaste Spikenard Recommended 15 0.6
Vitex agnus-castus
* Not in parking lots
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SECTION III
ORNAMENTAL AND EXOTIC TREE SPECIES LIST
SMALL TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
13. Nellie R. Stevens Holly Recommended 10 0.6
Ilex aquifolium X cornuta
14. Okame Cherry * Preferred 15 1.4
Prunus
“X Okame”
15. Oriental Arborvitae Acceptable 5 0.2
Thuja orientalis
16. Sasanqua Camellia Recommended 10 0.6
Camellis sasanqua
17. Silky Stewartia Recommended 5 0.6
Stewartia malacodendron
18. Star Magnolia Recommended 10 0.6
Magnolia stellata
19. Taiwan Cherry Recommended 15 0.6
Prunus campanulata
20. Tea Olive Preferred 15 1.4
Osmanthus X fortunei
21. Tulip Tree Preferred 15 1.4
Magnolia X soulangiana
22. Yoshino Cherry Recommended 10 0.6
Prunus yoshino
* Not in parking lots
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SECTION III
TREES TO BE PLACED UNDER POWER LINES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. American Hophornbeam Preferred 90 1.4
Ostrya Virginiana
2. American Hornbeam Preferred 90 1.4
Carpinus Caroliniana
3. American Yellowood Preferred 90 1.4
Cladrastis Kentukea
4. Carolina Silverbell Preferred 90 1.4
Halesia Carolina
5. Chinese Fringe Tree Preferred 90 2.0
Chionanthus Retusus
6. Chinese Pistache Preferred 90 1.4
Pistacia Chinensis
7. Fringe Tree Preferred 90 2.0
Chionanthus Virginicus
8. Goldenrain Tree Preferred 90 1.4
Koelreuteria Paniculata
9. Hawthorn Preferred 90 1.4
Crataegus Species
10. Japanese Dogwood Preferred 90 1.4
Cornus Kousa
11. Trident Maple Preferred 90 1.4
Acer Buergerianus
12. Crepe Myrtle Preferred 40 1.4
(except “Natchez”
or “Fantasy”)
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SECTION III
TREES TO BE PLACED UNDER HIGH TRAMSMISSION POWER LINES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Cornus Florida Recommended 40 0.6
Dogwood
2. Lagerstroemia Indica Preferred 90 1.4
(Except Natchez or Fantasy)
3. Ilex Vomitoria Preferred 40 1.4
Shadow’s Female
Yaupon Holly
4. Ilex Fosteri Preferred 40 1.4
Foster Holley
*** Not recommended for parking lots or streetyards
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IV. TREE AD SITE RELATED DISTURBACES
A. Trees protection zones, exceptional trees or stands of trees designated to be saved must
be protected from the following damages during all phases of land disturbances and
construction processes, in order to qualify for Tree Quality Points.
1. Direct physical root damage.
2. Indirect root damage.
3. Trunk and crown disturbances.
B. Direct physical root damage most frequently occurs during site clearing and grading
operations where transport or feeder roots are cut, torn, or removed.
1. Transport and absorptive roots tend to tangle and fuse among the roots of adjacent
trees, The removal of trees with heavy machinery along the outer periphery of a tree
save area can result in considerable damage within the tree save area.
2. The most substantial form of physical root damage for all root types occurs in the
form of cut roots. Roots are cut in grade reduction, or from trenching for
underground utilities, sanitary sewer, or storm sewer lines.
3. A more subtle form of root damage is the loss of absorptive roots. Absorptive roots
normally occur in the top four inches of soil, and can be damaged by any vehicular
traffic. The stripping of top soil within a tree’s critical root zone can totally eliminate
its feeder root system. Critical root zone is illustrated in illustration 3.
C. Indirect root damage through site modification can result from positive grade changes,
temporary storage of fill materials, the sedimentation of erosion materials, soil
compaction, and soil chemical changes.
1. Grade changes from fill and sedimentation causes a decrease in soil oxygen levels.
An increase in soil carbon dioxide and other toxic gases can also occur, leading to
large areas of anaerobic conditions. Anaerobic soil conditions cause a decrease in the
root respiration process which is essential for the uptake and transport of minerals
and nutrients.
2. Anaerobic soil conditions are also produced soil compaction, the increase in soil bulk
density with a decrease in soil pore space. Compacted soil is also impervious to root
penetration, and thus inhibits root development. Soil compaction is generally caused
by the weight and vibrations of heavy machinery, vehicle parking, and the storage of
fill and/or construction materials within the critical roots zones of trees.
3. Changes in soil chemistry will adversely affect tree survival. The most frequent
occurrence is the change (decrease) in soil acidity by concrete washout which is
highly basic. The leakage or spillage of toxic material such as fuels or paints can be
fatal to trees.
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D. Trunk and crown disturbances are generally mechanical in nature and are either caused
directly by clearing and grading machinery, or indirectly by debris being cleared and
falling into trees marked for protection.
1. Common forms of damages include stripped bark and cambium, split trunks, and
broken limbs.
2. Damage also occurs from the posting of signs such as building permits, or survey
markers on trees.
3. Indirect damage can be caused by the placement of burn holes or debris fires too
close to trees. The possible range of damages include scorched trunks with some
cambial dieback, the loss of foliage due to evaporative heat stress (leaf desiccation),
and completely burned trunks and crowns.
V. METHODS OF TREE PROTECTIO
A. Planning considerations. Tree space is the most critical factor in tree protection
throughout the development process. The root systems of trees can easily extend beyond
the drip line of the tree canopy. The root system within the drip line region is generally
considered to be the critical root zone. (Illustration 3). Disturbance within this zone can
directly affect a tree’s chances for survival. To protect these critical zones, the following
standards shall apply:
1. The minimum Tree Protection Zone, shall be an area centered on each tree with a
diameter in feet, equivalent to one and one half times the tree diameter in inches,
measured at breast height (Illustration 1). Provided, however, in no case shall the
area be less than the minimum Tree Protection Zone for a planted tree of the same
species found on Table 1, Section VIII (G.7) in the Tree Ordinance for Richmond
County, Georgia.
2. If more than one tree is included in one preserved area, the total minimum preserved
area shall include the minimum Tree Protection Zone for each tree in the preserved
area.
3. For initial clearing of the site, an additional area of not less than twenty feet (20) in
width shall be added to the perimeter of the Tree Protection Zones until approved tree
protection devices are erected.
4. Layout of the project site utility and grading plans should accommodate the required
Tree Protection Zones. Utilities must be placed along corridors between Tree
Protection Zones.
5. Construction site activities such as parking, materials storage, concrete washout, burn
hole placement, etc… shall be arranged so as to prevent disturbances within the Tree
Protection Zones.
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6. No disturbances shall cover within the Tree Protection Zone of trees or stands of
trees without prior approval by the Department of Public Works.
B. Protective Barriers
1. The minimum tree protection device shall be a fence constructed at and around the
perimeter of the Tree Protection Zone. Minimum fence height shall be four feet (4)
(Illustration 4). The Administrator shall approve protective fencing which provides
an adequate level of protection.
2. Tree protection devices shall be erected as soon as practical prior to the start of
construction and shall remain in place until final inspection and approval of the
project. Broken or dislodged tree protection devices shall be immediately repaired.
3. All Tree Protection Zones should be designated as such with “Tree Protection Zone”
signs posted visibly on all sides of the fenced in areas. These signs are intended to
inform subcontractors of the tree protection process. Signs requesting subcontractor
cooperation compliance with tree protection standards are recommended for site
entrances.
4. All designated Tree Protection Zones must be protected from the sedimentation of
erosion material.
a) Silt screening must be placed along the outer uphill edge of the Tree Protection
Zone. Minimum fence height shall be four feet (4) (Illustration 4). The
Administrator shall approve protective fencing which provides an adequate level
of protection.
b) Tree protection devices shall be erected as soon as practical prior to the start of
construction and shall remain in place until final inspection and approval of the
project. Broken or dislodged tree protection devices shall be immediately
repaired.
5. All tree fencing and erosion control barriers must be installed prior to and maintained
throughout the land disturbance process, and should not be removed until
landscaping is installed.
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VI. STADARDS FOR REMEDIAL TREE CARE
Refer to the following publications for remedial tree care:
1. Shigo, Alex L., Modern Arboriculture, Shigo and Trees, Associates, 1991
2. Tree Establishment and Protection Manual
You can find a copy at the following offices in Augusta, GA:
a) Georgia Forestry Commission
2615 Tobacco Road
Hephzibah, Georgia 30815
706-771-4922
b) Augusta Planning & Development Department
525 Telfair Street
Augusta, Georgia 30901
706-821-1796
c) University of Georgia Extension Service
602 Greene Street
Augusta, Georgia 30901
706-821-2349
VII. STADARDS FOR SELECTIG QUALITY PLATIG STOCK
Refer to the following publication for selection quality planting stock:
American Standard for Nursery Stock, American Association of Nurserymen, Inc., ANSI
Z60.1,1986
VIII. TRASPLATIG STADARDS
Refer to the following publications for transplanting information:
1. Tree and Shrub Transplanting Manual, International Society of Arboriculture, 1990,
revision.
2. Tree Establishment and Protection Manual
This manual can be found at the referenced offices in Section VI, 2.
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IX. CRITERIA FOR LADMARK TREES.
The designation of a Landmark Tree shall be based upon an evaluation of the tree in relation to
the criteria set forth:
1. The tree is demonstrated to have an association with a documented historical event,
or is located on an historic site.
2. The tree has unusually high aesthetic value.
3. The tree is of unique character because of its age, species, variety, location, or
because of the size and development of its crown, trunk, or main stem.
4. The tree is free of contagious diseases, pests and other serious injury.
5. The tree has a life expectancy of more than ten years.
6. The tree is free from structural defects which would present a hazard to the public.
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APPEDIX
TECHICAL TERMS
1. Cambium – Tissue within the woody portion of trees and shrubs which gives rise to the
woody water and nutrient conducting system, and the energy substrate transport system
in trees. Cambium growth activity results in a tree’s radial development, i.e. increase in
diameter.
2. Cambial dieback – The irreparable radial or vertical interruption of a tree’s cambium,
usually caused by mechanical damage, such as “skinning bark”, or from excessive heat.
3. Absorptive roots – A complex system of small annual roots growing outward and
predominantly upward from the system of transport roots. These roots branch four or
more times to form fans or mats of thousands of fine, short, non-woody tips. Many of
these small roots and their multiple tips are 0.2 to 1 mm or less in diameter and less than
2 mm long. These roots constitute the major fraction of a tree’s root system surface area,
and are the primary sites of absorption of water and nutrients.
4. Root collar – The point of attachment of major woody roots to the tree trunk, usually at or
near the ground line and associated with a marked swelling of the tree trunk.
5. Root respiration – An active process occurring throughout the absorptive root system of
trees, and involving the consumption of oxygen and sugars with the release of energy and
carbon-dioxide. Root respiration facilitates the uptake and transport of minerals and
nutrients essential for tree survival.
6. Soil compaction – A change in soil physical properties which includes an increase in soil
weight per unit volume, and a decrease in soil pore space. Soil compaction is caused by
repeated vibrations, frequent traffic and weight. As related to tree roots, compacted soil
can cause physical damage, a decrease in soil oxygen levels and an increase in toxic
gases, and can be impervious to new root development.
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TITLE EIGHT
PLAIG & ZOIG
CHAPTER 1
FLOOD DAMAGE PREVETIO
ARTICLE 1
STATUTORY AUTHORIZATIO, FIDIGS OF FACT, PURPOSE AD OBJECTIVES
§ 8-1-1. STATUTORY AUTHORIZATIO.
Article IX, Section II of the Constitution of the State of Georgia and Section 36-1-20(a) of the
Official Code of Georgia Annotated have delegated the responsibility to local governmental units
to adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry. Therefore, the Augusta Commission of Augusta, Georgia does ordain the provisions of
this Chapter:
§ 8-1-2. FIDIGS OF FACT.
(a) The flood hazard areas of Augusta, Georgia are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood relief and protection,
and impairment of the tax base, all of which adversely affect the public health, safety and
general welfare.
(b) These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable
to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from
flood damages, and by the cumulative effect of obstructions in floodplains causing
increases in flood heights and velocities.
§ 8-1-3. STATEMET OF PURPOSE.
It is the purpose of this Chapter to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions designed
to:
(a) restrict or prohibit uses which are dangerous to health, safety and property due to water or
erosion hazards, or which increase flood heights, velocities, or erosion;
(b) require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(c) control the alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in the accommodation of flood waters;
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(d) control filling, grading, dredging and other development which may increase flood
damage or erosion, and;
(e) prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
§ 8-1-4. OBJECTIVES.
The objectives of this Chapter are:
(a) to protect human life and health;
(b) to minimize expenditure of public money for costly flood control projects;
(c) to minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(d) to minimize prolonged business interruptions;
(e) to minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in floodplains;
(f) to help maintain a stable tax base by providing for the sound use and development of
flood prone areas in such a manner as to minimize flood blight areas; and
(g) to insure that potential home buyers are notified that property is in a flood area.
§ 8-1-5. - - 8-1-9. RESERVED.
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ARTICLE 2
DEFIITIOS
§ 8-1-10. SPECIFIC DEFIITIOS.
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as
to give them the meaning they have in common usage and to give this Chapter its most reasonable
application:
(a) Addition (to an existing building). Any walled and roofed expansion to the perimeter
of a building in which the addition is connected by a common load-bearing wall other
than a fire wall. Any walled and roofed addition which is connected by a fire wall or is
separated by an independent perimeter load-bearing wall shall be considered "New
Construction".
(b) Appeal. A request for a review of the Executive Director's interpretation of any provision
of this Chapter or a request for a variance.
(c) Area of shallow flooding. A designated AO or AH Zone on a community's Flood
Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) feet, and/or
where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident.
(d) Area of Special Flood Hazard. The land in the floodplain within a community subject
to a one (1) percent or greater chance of flooding in any given year. In the absence of
official designation by the Federal Emergency Management Agency, Areas of Special
Flood Hazard shall be those designated by the local community and referenced in Article
3, Section 8-1-17.
(e) Base flood. The flood having a one (1) percent chance of being equaled or exceeded in
any given year.
(f) Base Flood Elevation (BFE). The elevation shown on the Flood Insurance Rate Map
(FIRM) for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO,
V1-V30, and VE that indicates the water surface elevation resulting from a flood that has
a one percent change of equaling or exceeding that level in any given year.
(f) Basement. That portion of a building having its floor subgrade (below ground level) on
all sides.
(g) Building. Any structure built for support, shelter, or enclosure for any occupancy or
storage.
(h) City Engineer. The City Engineer for Augusta, GA.
(i) Commission. The Augusta Commission
(j) Critical Facilities. Any public or private facility, which, if flooded, would create an
added dimension to the disaster or would increase the hazard to life and health. Critical
facilities include:
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(1) structures or facilities that produce, use, or store highly volatile, flammable,
explosive, toxic, or water-reactive materials;
(2) hospitals and nursing homes, and housing for the elderly, which are likely to
contain occupants who may not be sufficiently mobile to avoid the loss of life or
injury during flood and storm events;
(3) emergency operation centers or data storage center which contain records or
services that may become lost or inoperative during flood and storm events; and
(4) generating plants, and other principal points of utility lines.
(k) Development. Any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavating, drilling operations, and permanent storage of materials or equipment.
(l) Elevated building. A non-basement building built to have the lowest floor of the lowest
enclosed area elevated above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the
structural integrity of the building during a base flood event.
(m) Executive Director. The Executive Director of the Augusta Planning & Development
Department.
(m) Existing Construction. Any structure for which the "start of construction" commenced
before February 15, 1978 for the City of Augusta prior to consolidation and March 4,
1980 for the unincorporated areas of Richmond County prior to consolidation - the
effective date of the FIRST Floodplain Management Ordinance adopted by Augusta, GA
as a basis for Augusta's participation in the National Flood Insurance Program (NFIP).
(n) Existing manufactured home park or subdivision. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum the installation of utilities,
the construction of streets, and final site grading or the pouring of concrete pads) is
completed before February 15, 1978 for the City of Augusta prior to consolidation and
March 4, 1980 for the unincorporated areas of Richmond County prior to consolidation -
the effective date of the FIRST Floodplain Management Ordinance adopted by Augusta
as a basis for Augusta's participation in the National Flood Insurance Program (NFIP).
(o) Expansion to an existing manufactured home park or subdivision. The preparation of
additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed, including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads.
(p) Flood or flooding. A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1) the overflow of inland or tidal waters; or
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
(q) Flood Hazard Boundary Map (FHBM). An official map of a community, issued by
the Federal Insurance Administration, where the boundaries of areas of Special Flood
Hazard have been defined as Zone A.
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(r) Flood Insurance Rate Map (FIRM). An official map of a community, issued by the
Federal Insurance Administration, delineating the areas of Special Flood Hazard and/or
risk premium zones applicable to the community.
(s) Flood Insurance Study. The official report by the Federal Insurance Administration
evaluating flood hazards and containing flood profiles and water surface elevations of the
base flood.
(t) Floodplain. Any land area susceptible to flooding.
(u) Floodproofing. Any combination of structural and non-structural additions, changes, or
adjustments to structures, which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
(v) Floodway. The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than a designated height.
(w) Floodway fringe, lower. The portion of the area of Special Flood Hazard that is located
between the limit of the floodway and a line connecting all points half the distance
between the floodway and the limit of the area of Special Flood Hazard.
(x) Floodway fringe, upper. The portion of the area of Special Flood Hazard that is located
between the lower floodway fringe and the boundary of the area of Special Flood Hazard.
(y) Floor. The top surface of an enclosed area in a building (including basement), i.e. top of
slab in concrete slab construction or top of wood flooring in wood frame construction.
The term does not include the floor of a garage used solely for parking vehicles.
(z) Functionally dependent facility. A facility which cannot be used for its intended
purpose unless it is located or carried out in close proximity to water, such as a docking or
port facility necessary for the loading and unloading of cargo or passengers, shipbuilding,
ship repair, or seafood processing facilities. The term does not include long-term storage,
manufacturing, sales or service facilities.
(aa) Highest adjacent grade. The highest natural elevation of the ground surface, prior to
construction, adjacent to the proposed foundation of a building.
(bb) Historic Structure. Any structure that is:
(1) listed individually in the National Register of Historic Places (a listing
maintained by the U.S. Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
(2) certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
(3) individually listed on a state inventory of historic places and determined as
eligible by states with historic preservation programs which have been approved
by the Secretary of the Interior; or
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(4) individually listed on a local inventory of historic places and determined as
eligible by communities with historic preservation programs that have been
certified either:
a) By an approved state program as determined by the Secretary of the
Interior; or
b) directly by the Secretary of the Interior in states without approved
programs.
(cc) Lowest floor. The lowest floor of the lowest enclosed area, including basement. An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage, in an area other than a basement, is not considered a building's lowest
floor, provided that such enclosure is not built so as to render the structure in violation of
other provisions of this Code.
(dd) Manufactured home. A building, transportable in one or more sections, built on a
permanent chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. The term also includes park trailers, travel trailers, and
similar transportable structures placed on a site for one hundred and eighty (180)
consecutive days or longer and intended to be improved property.
(ee) Mean Sea Level. The average height of the sea for all stages of the tide. It is used as a
reference for establishing various elevations within the floodplain. For purposes of this
Chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD).
(ff) ational Geodetic Vertical Datum (GVD). As corrected in 1929, is a vertical control
used as a reference for establishing varying elevations within the floodplain.
(gg) ew construction. (for purposes of determining insurance rates and for floodplain
management purposes) ANY structure (see definition) for which the "start of
construction" commenced after February 15, 1978 for the City of Augusta prior to
consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior
to consolidation - the effective date of the FIRST Floodplain Management Ordinance
adopted by Augusta, GA as a basis for Augusta's participation in the National Flood
Insurance Program (NFIP) - and includes any subsequent improvements to such
structure.
(hh) ew manufactured home park or subdivision . A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed on or after February 15, 1978 for the City of Augusta prior to
consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior
to consolidation - the effective date of the FIRST Floodplain Management Ordinance
adopted by Augusta, GA as a basis for Augusta's participation in the National Flood
Insurance Program (NFIP).
(ii) Recreational vehicle means a vehicle which is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) designed to be self-propelled or permanently towable by a light duty truck; and
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(4) designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
(jj) Start of construction. The date the Development Permit was issued, provided the actual
start of construction, repair, reconstruction, or improvement was within one hundred and
eighty (180) days of the permit date. The actual start means the first placement of
permanent construction of the structure such as the pouring of slabs or footings,
installation of piles, construction of columns, or any work beyond the stage of excavation,
and includes the placement of a manufactured home on a foundation. (Permanent
construction does not include initial land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the erection of temporary
forms; nor does it include the installation on the property of buildings appurtenant to the
permitted structure, such as garages or sheds not occupied as dwelling units or part of the
main structure. (NOTE: Accessory structures are NOT exempt from any ordinance
requirements) For a substantial improvement, the actual start of construction means the
first alteration of any wall, ceiling, floor, or other structural part of a building, whether or
not that alteration affects the external dimensions of the building.
(kk) Structure. A walled and roofed building that is principally above ground, a
manufactured home, a gas or liquid storage tank.
(ll) Substantial damage. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty (50)
percent of the market value of the structure before the damage occurred.
(mm) Substantial improvement. Any combination of repairs, reconstruction, alteration, or
improvements to a building, taking place during a five (5) year period, in which the
cumulative cost equals or exceeds fifty percent of the market value of the structure prior
to the improvement. The market value of the building should be:
(1) the appraised value of the structure prior to the start of the initial repair or
improvement; or
(2) in the case of damage, the value of the structure prior to the damage occurring. This
term includes structures which have incurred "substantial damage", regardless of the
actual amount of repair work performed.
For the purposes of this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the building.
The term does not, however, include those improvements of a building required to
comply with existing health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions, which have been pre-identified by the Code
Enforcement Official, and not solely triggered by an improvement or repair project.
(nn) Substantially improved existing manufactured home parks or subdivisions. Where
the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads
equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the
repair, reconstruction or improvement commenced.
(oo) Variance. A grant of relief from the requirements of this Chapter which permits
construction in a manner otherwise prohibited by this Chapter.
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(pp) Violation. The failure of a structure or other development to be fully compliant with the
community’s floodplain management regulations. A structure or other development
without the elevation certificate, or other certifications, or other evidence of compliance
required by this ordinance is presumed to be in violation until such time as that
documentation is provided.
§ 8-1-11. - - 8-1-15. RESERVED.
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ARTICLE 3
GEERAL PROVISIOS
§ 8-1-16. LADS TO WHICH THIS CHAPTER APPLIES.
This Chapter shall apply to all areas of Special Flood Hazard within the jurisdiction of Augusta,
Georgia.
§ 8-1-17. BASIS FOR ESTABLISHIG THE AREAS OF SP ECIAL FLOOD HAZARD.
The areas of Special Flood Hazard, identified by the Federal Emergency Management Agency in
its Flood Insurance Study (FIS), dated February 15, 1978 for the City of Augusta prior to
consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior to
consolidation, with accompanying maps and other supporting data and any revision thereto, the
most recent revision being September 25, 2009, are adopted by reference and declared a part of
this Chapter.
Areas of Special Flood Hazard may also include those areas known to have flooded historically or
defined through standard engineering analysis by governmental agencies or private parties but not
yet incorporated in a FIS.
The Repository for public inspection of the Flood Insurance Study (FIS), accompanying maps and
other supporting data is located at 525 Telfair Street, Augusta, GA.
§ 8-1-18. ESTABLISHMET OF DEVELOPMET PERMIT
A Development Permit shall be required, in conformance with the provisions of this Chapter,
PRIOR to the commencement of any development activities.
§ 8-1-19. COMPLIACE.
No structure or land shall hereafter be located, extended, converted or altered without full
compliance with the terms of this Chapter and other applicable regulations.
§ 8-1-20. ABROGATIO AD GREATER RESTRICTIOS.
This Chapter is not intended to repeal, abrogate, or impair any existing ordinance, easements,
covenants, or deed restrictions. However, where this Chapter and another conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
§ 8-1-21. ITERPRETATIO.
In the interpretation and application of this Chapter all provisions shall be:
(a) considered as minimum requirements;
(b) liberally construed in favor of the Governing Body, and;
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(c) deemed neither to limit nor repeal any other powers granted under state statutes.
§ 8-1-22. WARIG AD DISCLAIMER OF LIABILITY.
The degree of flood protection required by this Chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur; flood heights may be increased by man-made or natural causes. This Chapter does not
imply that land outside the areas of Special Flood Hazard or uses permitted within such areas will
be free from flooding or flood damages. This Chapter shall not create liability on the part of
Augusta, GA, the Commission, and/or the Augusta Planning & Development Department or by any
officer or employee thereof for any flood damages that result from reliance on this Chapter or any
administrative decision lawfully made thereunder.
§ 8-1-23. EFORCEMET AD PEALTIES FOR VIOLATIO
Violation of the provisions of this Chapter or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of variance
or special exceptions shall be reported to the City Engineer. Once a violation is evident, the City
Engineer, acting on behalf of the Commission, shall be empowered to notify the owner in writing
of the apparent violation of this Chapter. The written notice shall direct the owner to cease the
development activity until such time as the requirements and procedures of this Chapter have been
met. Upon failure of the owner to comply with this notice, the City Engineer shall notify the City
Attorney of the violation; and the City Attorney shall immediately begin legal procedures in the
Superior Court of Richmond County to prevent, enjoin, abate or remove such violations in addition
to injunctive relief. All persons, firms or corporations failing to comply with the mandatory
provisions hereof or doing any act prohibited hereby shall be guilty of an offense and, upon
conviction thereof, be fined not more than one thousand dollars ($1,000.00) or imprisoned for not
more than sixty (60) days, or both, and, in addition, shall pay all costs and expenses involved in the
case. Each day such violation continues shall be considered a separate offense. Nothing contained
herein shall prevent the Commission from taking such other lawful action as is necessary to
prevent or remedy any violation.
§ 8-1-24 - - 8-1-28. RESERVED.
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ARTICLE 4
ADMIISTRATIO
§ 8-1-29. DESIGATIO OF EXECUTIVE DIRECTOR.
The Executive Director of the Augusta Planning & Development Department is hereby appointed
to administer and implement the provisions of this Chapter.
§ 8-1-30. PERMIT PROCEDURES.
Application for a Development Permit shall be made to the Executive Director on forms furnished
by the community PRIOR to any development activities, and may include, but not be limited to the
following: plans in duplicate drawn to scale showing the elevations of the area in question and the
nature, location, dimensions, of existing or proposed structures, earthen fill placement, storage of
materials or equipment, and drainage facilities.
Specifically, the following information is required:
(a) Application Stage -
(1) Elevation in relation to mean sea level (or highest adjacent grade) of the lowest
floor, including basement, of all proposed structures;
(2) Elevation in relation to mean sea level to which any non-residential structure will
be flood-proofed;
(3) Design certification from a registered professional engineer or architect that any
proposed non-residential flood-proofed structure will meet the flood-proofing
criteria of Article 5, Section 8-1-44(b);
(4) Description of the extent to which any watercourse will be altered or relocated as
a result of a proposed development, and;
(b) Construction Stage -
For all new construction and substantial improvements, the permit holder shall provide to
the Administrator an as-built certification of the regulatory floor elevation or flood-
proofing level immediately after the lowest floor or flood-proofing is completed. Any
lowest floor certification made relative to mean sea level shall be prepared by or under
the direct supervision of a registered land surveyor or professional engineer and certified
by same. When flood-proofing is utilized for non-residential structures, said certification
shall be prepared by or under the direct supervision of a professional engineer or architect
and certified by same.
Any work undertaken prior to submission of these certifications shall be at the permit
holder's risk.
The Executive Director shall review the above referenced certification data submitted.
Deficiencies detected by such review shall be corrected by the permit holder immediately
and prior to further progressive work being allowed to proceed. Failure to submit
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certification or failure to make said corrections required hereby, shall be cause to issue a
Stop-Work Order for the project.
§ 8-1-31. DUTIES AD RESPOSIBILITIES OF THE EXE CUTIVE DIRECTOR
Duties of the Executive Director shall include, but shall not be limited to:
(a) Review all Development Permits to assure that the permit requirements of this Chapter
have been satisfied;
(b) Review proposed development to assure that all necessary permits have been received
from governmental agencies from which approval is required by Federal or State law,
including Section 404 of the Federal Water Pollution Control Act Amendments of 1972,
33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file.
(c) Review all permit applications to determine whether proposed building sites will be
reasonably safe from flooding.
(d) When Base Flood Elevation data or floodway data have not been provided in accordance
with Article 3, Section 8-1-17, then the Executive Director shall obtain, review and
reasonably utilize any base flood elevation and floodway data available from a Federal,
State or other sources in order to administer the provisions of Article 5.
(e) Review and record the actual elevation in relation to mean sea level (or highest adjacent
grade) of the lowest floor, including basement, of all new or substantially improved
structures in accordance with Article 4, Section 8-1-30(b).
(f) Review and record the actual elevation, in relation to mean sea level to which any new or
substantially improved structures have been flood-proofed, in accordance with Article 4,
Section 8-1-30(b).
(g) When flood-proofing is utilized for a structure, the Executive Director shall obtain
certification of design criteria from a registered professional engineer or architect in
accordance with Article 4, Section 8-1-30(a)(3) and Article 5, Section 8-1-44(b) or
Article 5, Section 8-1-48(b).
(h) Make substantial damage determinations following a flood event or any other event that
causes damage to structures in flood hazard areas.
(i) Notify adjacent communities and the Georgia Department of Natural Resources prior to
any alteration or relocation of a watercourse and submit evidence of such notification to
the Federal Emergency Management Agency (FEMA).
(j) For any altered or relocated watercourse, submit engineering data/analysis within six (6)
months to the FEMA to ensure accuracy of community flood maps through the Letter of
Map Revision process. Assure flood carrying capacity of any altered or relocated
watercourse is maintained.
(k) Where interpretation is needed as to the exact location of boundaries of the Areas of
Special Flood Hazard (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions) the Executive Director shall make the
necessary interpretation. Any person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation as provided in this Chapter.
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(l) All records pertaining to the provisions of this Chapter shall be maintained in the office of
the Executive Director and shall be open for public inspection.
§ 8-1-32. VARIACE PROCEDURES
(a) The Zoning Board of Appeals as established by the Commission shall hear and decide
requests for appeals or variance from the requirements of this Chapter.
(b) The Zoning Board of Appeals shall hear and decide appeals when it is alleged an error in
any requirement, decision, or determination is made by the Executive Director in the
enforcement or administration of this Chapter.
(c) Any person aggrieved by the decision of the Zoning Board of Appeals may appeal such
decision to the Superior Court of Richmond County, Georgia, as provided in O.C.G.A.
Sec. 5-4-1; however all appeals shall be on record and shall not be de novo.
(d) Variances may be issued for the repair or rehabilitation of Historic Structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a Historic Structure and the variance is the minimum to preserve
the historic character and design of the structure.
(e) In reviewing such requests, the Zoning Board of Appeals shall consider all technical
evaluations, relevant factors, and all standards specified in this and other sections of this
Chapter, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the
community;
(5) The necessity to the facility of a waterfront location, in the case of a functionally
dependent facility;
(6) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated
development;
(8) The relationship of the proposed use to the Comprehensive Plan and Floodplain
Management Program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport of
floodwaters and the effects of wave action, if applicable, expected at the site; and
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(11) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water systems, and streets and bridges.
(f) Upon consideration of the factors listed above and the purposes of this Chapter, the
Zoning Board of Appeals may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this Chapter.
(g) Variances shall not be issued within any designated floodway, or lower floodway fringe,
if ANY increase in flood levels during the base flood discharge would result.
(h) Conditions for Variances:
(1) The provisions of this Chapter are minimum standards for flood loss reduction,
therefore any deviation from the standards must be weighed carefully. Variances
shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief; and, in the instance of
an Historic Structure, a determination that the variance is the minimum necessary
so as not to destroy the historic character and design of the building.
(2) A variance shall be issued ONLY when there is:
(a) a finding of good and sufficient cause,
(b) a determination that failure to grant the variance would result in
exceptional hardship, and;
(c) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisance, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
(3) Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the base flood elevation and the elevation of
the proposed lowest floor and stating that the cost of flood insurance will be
commensurate with the increased risk to life and property resulting from the
reduced lowest floor elevation.
(i) The Executive Director shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon request.
(j) Variances may be issued for development necessary for the conduct of a functionally
dependent use, provided the criteria of this Article are met, no reasonable alternative
exists, and the development is protected by methods that minimize flood damage during
the base flood and create no additional threats to public safety.
§ 8-1-33 - - 8-1-42. RESERVED.
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ARTICLE 5
PROVISIOS FOR FLOOD HAZARD REDUCTIO
§ 8-1-43. GEERAL STADARDS
In ALL Areas of Special Flood Hazard the following provisions are required:
(a) New construction and substantial improvements of existing structures shall be anchored to
prevent flotation, collapse or lateral movement of the structure;
(b) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to, use of over-the-top
or frame ties to ground anchors. This standard shall be in addition to and consistent with
applicable State requirements for resisting wind forces;
(c) New construction and substantial improvements of existing structures shall be constructed
with materials and utility equipment resistant to flood damage;
(d) New construction or substantial improvements of existing structures shall be constructed
by methods and practices that minimize flood damage;
(e) All heating and air conditioning equipment and components, all electrical, ventilation,
plumbing, and other service facilities shall be designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding;
(f) New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;
(g) Replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood
waters;
(h) New on-site waste disposal systems shall be located within the Special Flood Hazard Area
per the provisions of the Georgia Onsite Wastewater Regulations;
(i) Any alteration, repair, reconstruction or improvement to a structure which is not
compliant with the provisions of this Chapter, shall be undertaken only if the non-
conformity is not furthered, extended or replaced; and
(j) Elevated Buildings - All new construction or substantial improvements of existing
structures that include ANY fully enclosed area located below the lowest floor formed by
foundation and other exterior walls shall be designed so as to be an unfinished or a flood
resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces
on exterior walls by allowing for the automatic entry and exit of floodwater.
(1) A minimum of two (2) openings that are installed no more than twelve (12)
inches above the higher of the final interior or exterior grade, and that are
installed in at least two different sides (preferably the sides in the direction of the
flow of floodwater) of each enclosed area, must be provided, where the
openings:
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(a) Have a total open net area of not less than one square inch for every square
foot of enclosed area Openings may be equipped with screens, louvers,
valves or other coverings or devices provided they are disabled in the open
position and also permit the automatic flow of floodwater in both
directions.; or
(b) Are individually certified by a design professional licensed to do design
work in the State of Georgia stating that the openings are designed to
automatically equalize hydrostatic flood loads on exterior walls by allowing
the automatic entry and exit of floodwaters in accordance with the American
Society of Civil Engineers – Flood Resistant Design and Construction
(ASCE 24) and that an appropriate number of vents are provided. A copy
of the Engineer’s Certification (signed and sealed) along with the applicable
section from the Flood Ordinance (this section) allowing for the use of these
engineered openings must be attached to the Elevation Certificate; or
(c) Are ICC-ES accepted engineered flood vents, and the appropriate number of
such vents are provided and installed in accordance with the manufacturer’s
specifications. A copy of the ICC-ES Evaluation Report along with the
applicable section from the Flood Ordinance (this section) allowing for the
use of these engineered flood vents must be attached to the Elevation
Certificate.
(2) So as not to violate the "Lowest Floor" criteria of this Chapter, the unfinished or
flood resistant enclosure shall only be used for parking of vehicles, limited
storage of maintenance equipment used in connection with the premises, or entry
to the elevated area; and
(3) The interior portion of such enclosed area shall not be partitioned or finished
into separate rooms.
(4) An attached garage may have its flood below the BFE provided the garage meets
all of the requirements for an enclosed area below the BFE, including, but not
limited to, the installation of openings that meet Section 8-1-43-(j)-(1) above.
Opens may be installed in garage doors; however, garage doors do not meet the
requirement for openings. The use of the garage space must be limited to parking
of vehicles, building access and storage. Section 8-1-43-(j)-(3), above, must be
strictly adhered to. Flood damage-resistant materials must be used below the
BFE and all utilities must be elevated to be three (3) feet above the BFE.
(5) Crawlspaces that are below-grade on all sides (basements) are not allowed.
(6) Detached garages and detached storage building are allowed, without the
requirement to elevate to three (3) feet above the BFE in AE zones, or three (3)
feet above the highest adjacent grade in A zones, if they comply with all of the
requirements for enclosures:
(a) must be used for parking of vehicles and storage only;
(b) must be constructed of flood damage-resistant materials below the area
that is three (3)feet above the BFE;
(c) all utilities must be elevated to be three (3) feet above the BFE;
(d) the requirements for flood openings that meet Section 8-1-43-(j)-(1)
above must be satisfied;
(e) must be anchored to resist floatation, collapse or lateral movement
under flood conditions.
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§ 8-1-44. SPECIFIC STADARDS
In ALL areas of Special Flood Hazard the following provisions are required:
(a) New construction and substantial improvements. Where base flood elevation data are
available, new construction or substantial improvement of any structure or manufactured
home shall have the lowest floor, including basement, elevated no lower than three (3)
feet above the base flood elevation. Should solid foundation perimeter walls be used to
elevate a structure, openings sufficient to facilitate the unimpeded movements of flood
waters shall be provided in accordance with standards of Article 5, Section 8-1-43(j),
"Elevated Buildings".
(1) All heating and air conditioning equipment and components (including
ductwork), all electrical, ventilation, plumbing, and other service facilities shall
be elevated at or above three (3) feet above the base flood elevation.
(b) Non-Residential Construction. New construction or the substantial improvement of any
structure located in A1-30, AE, or AH zones, may be flood-proofed in lieu of elevation.
The structure, together with attendant utility and sanitary facilities, must be designed to be
water tight to three (3) feet above the base flood elevation, with walls substantially
impermeable to the passage of water, and structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered
professional engineer or architect shall certify that the design and methods of construction
are in accordance with accepted standards of practice for meeting the provisions above,
and shall provide such certification to the official as set forth above and in Article 4,
Section 8-1-31(g).
(c) Standards for Manufactured Homes and Recreational Vehicles. Where base flood
elevation data are available:
(1) All manufactured homes placed or substantially improved on: (1) individual lots
or parcels, (2) in new or substantially improved manufactured home parks or
subdivisions, (3) in expansions to existing manufactured home parks or
subdivisions, or (4) on a site in an existing manufactured home park or
subdivision where a manufactured home has incurred "substantial damage" as
the result of a flood, must have the lowest floor including basement, elevated no
lower than three (3) feet above the base flood elevation.
(2) Manufactured homes placed or substantially improved in an existing
manufactured home park or subdivision may be elevated so that either:
(a) The lowest floor of the manufactured home is elevated no lower than
three (3) feet above the level of the base flood elevation, or
(b) The manufactured home chassis is elevated and supported by reinforced
piers (or other foundation elements of at least an equivalent strength) of
no less than 36 inches in height above grade.
(3) All manufactured homes must be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement. (ref. Article
5, Section 8-1-43(b) ).
(4) All recreational vehicles placed on sites must either:
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(a) Be on the site for fewer than 180 consecutive days.
(b) Be fully licensed and ready for highway use, (a recreational vehicle is
ready for highway use if it is licensed, on its wheels or jacking system,
attached to the site only by quick disconnect type utilities and security
devices, and has no permanently attached structures or additions), or
(c) The recreational vehicle must meet all the requirements for "New
Construction", including the anchoring and elevation requirements of
Article 5, Section 8-1-44(c)(1) and (3).
(d) Floodway. Located within areas of Special Flood Hazard established in Article 3,
Section 8-1-17, are areas designated as floodway. A floodway may be an extremely
hazardous area due to velocity flood waters, debris or erosion potential. In addition, the
area must remain free of encroachment in order to allow for the discharge of the base
flood without increased flood heights. Therefore, the following provisions shall apply:
(1) Encroachments are prohibited, including earthen fill, new construction, substantial
improvements or other development within the regulatory floodway. Development
may be permitted however, provided it is demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering practice that
the encroachment shall not result in any increase in flood levels or floodway widths
during a base flood discharge. A registered professional engineer must provide
supporting technical data and certification thereof.
(2) ONLY if Article 5, Section 8-1-44(d)(1) above is satisfied, then any new construction
or substantial improvement shall comply with all other applicable flood hazard
reduction provisions of Article 5.
(3) The placement of manufactured homes, except in an existing manufactured home
park or subdivision, shall be prohibited. A replacement manufactured home may be
placed on a lot in an existing manufactured home park or subdivision provided the
anchoring standards of § 8-1-43 (b) are met, and the elevation standards of § 8-1-44
(a) and the encroachments standards of subsection (1) of this Section are met.
(4) Removal of trees and other vegetation may not be a consideration in calculating the
effect of proposed encroachments on flood levels during the occurrence of the base
flood discharge.
(e) Floodway fringe, lower. Within the lower floodway fringe is the area between the
floodway and the upper floodway fringe that is lower than a lines one-half (1/2) the
distance between the floodway and the boundary of the area of Special Flood Hazard.
The lower floodway fringe is a transitional area that is hazardous due to its proximity to
the floodway and encroachment by fill or development within this area could have serious
impact on the entire floodplain. The following provisions shall apply with the lower
floodway fringe:
(1) Encroachments, including fill, new construction, substantial improvements and
other developments shall be prohibited unless certification by a registered
professional engineer, with supporting technical data, is provided to the
Executive Director demonstrating that encroachments shall not result in any
increase in flood levels during occurrence of base flood discharge;
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(2) If Article 5, Section 8-1-44(d)(1) is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article 5.
(3) The placements of manufactured homes, except in an existing manufactured
home park or subdivision, shall be prohibited. A replacement manufactured
home may be placed on a lot in an existing manufactured home park or
subdivision provided the anchoring standards of Article 5, Section 8-1-43(b),
and the elevation standards of Article 5, Section 8-1-44(a), and the
encroachment standards of Article 5, Section 8-1-44(d)(1) are met.
(4) Removal of trees and other vegetation may not be a consideration in calculating
the effect of proposed encroachments on flood levels during the occurrence of
the base flood discharge.
(k) Large Tracts. If a tract contains over one (1) acre located within the area of Special Flood
Hazard, then development or land disturbance on that portion of the tract located within
the Special Flood Hazard area shall comply with the standards for lower floodway fringe
set forth in § 8-1-44 (e).
(l) Other area unsuitable for development. Land subject to flooding that is not located within
a mapped area of Special Flood Hazard may, at the discretion of the Executive Director
or City Engineer, be required to comply with any or all standards set forth in this Chapter.
(m) Grading in the area of the Special Flood Hazard. Grading (including excavating, filling,
or any culmination thereof) shall be prohibited in the area of the Special Flood Hazard
except for the following:
(1) Minimum land disturbing activities such as home gardens and individual home
landscaping, repairs, maintenance work and other related activities;
(2) Agricultural practices involving the establishment, cultivation or harvesting or
products of the field or orchard, preparing and planting of pasture land, forestry
land management practices including harvesting (where stumps are not
removed), farm ponds, dairy operations, livestock and poultry management
practices and the construction of farm buildings.
(3) Projects permitted by or carried out under the technical supervision of the U.S.
Department of Agriculture, U.S. Army Corps of Engineers, or any other agency
of the U.S. Government;
(4) Cemetery graves;
(5) Excavation for wells or tunnels or utilities;
(6) Approved mining, quarrying, stockpiling of rock, sand, gravel aggergrates or
clay where established and provided for by law;
(7) Exploratory excavations under the direction of soils engineers or engineering
geologists;
(8) Where consistent with other provisions of this Chapter, minimum grading for
land development or construction which does not result in topographic changes
greater than two (2) feet at any location and which is not for the sole purpose of
elevating structures pursuant to Article 5, Section 8-1-44(a) and Article 5,
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Section 8-1-44(b) of this Chapter. In no case, shall fill be transported into the
area of Special Flood Hazard.
(a) Detention ponds and retention ponds are exempt from the provisions 8-
1-44-(m)-(8), provided it is demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice that the encroachment by the detention pond or retention pond
shall not result in any increase in flood levels or floodway widths
during a base flood discharge. A registered professional engineer must
provide supporting technical data and certification thereof.
(1) Under no circumstances shall a detention pond or a retention
pond be located in the area of Special Flood Hazard.
(9) Construction activities at existing Industrial Sites which were developed before
the effective date of the FIRST Floodplain Management Ordinance adopted by
Augusta, GA as a basis for Augusta's participation in the National Flood
Insurance Program (NFIP), such as dikes, ditches and ponds.
(n) As-built Drawings and Certification. Within the area of the Special Flood Hazard, as-
built drawings and certifications shall be provided by a registered professional engineer
and/or a registered land surveyor pursuant to 8-1-30(b) and 8-1-44(b) of this Ordinance
and also when required by the Site Plan Regulations or the Subdivision Regulations. As-
built drawings and certifications may be required in other situations at the discretion of
the Executive Director.
§ 8-1-45. BUILDIG STADARDS FOR STREAMS WITHOUT ESTABLISHED BASE
FLOOD ELEVATIOS AD/OR FLOODWAYS (A-ZOES).
Located within the Areas of Special Flood Hazard established in Article 3, Section 8-1-17, where
streams exist but no base flood data have been provided (A-Zones), OR where base flood data
have been provided but a Floodway has not been delineated, the following provisions apply:
(a) No encroachments, including structures or fill material, shall be located within an area
equal to five (5) times the width of the stream or twenty (20) feet, whichever is greater,
measured from the top of the stream bank, unless certification by a registered professional
engineer is provided demonstrating that such encroachment shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
(b) In Special Flood Hazard Areas without base flood elevation data, new construction and
substantial improvements of existing structures shall have the lowest floor of the lowest
enclosed area (including basement) elevated no less than three (3) feet above the highest
adjacent grade at the building site. Openings sufficient to facilitate the unimpeded
movements of flood waters shall be provided in accordance with standards of Article 5,
Section 8-1-43(j), "Elevated Buildings".
(1) All heating and air conditionaing equipment and components (including
ductwork), all electrical, ventilation, plumbing, and other service facilities shall
be elevated no less than three (3) feet above the highest adjacent grade at the
building site.
The Executive Director shall certify the lowest floor elevation level and the record shall
become a permanent part of the permit file.
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(c) When base flood elevation data or floodway data have not been provided in accordance
with Article 3, Section 8-1-17, then the Executive Director shall obtain, review, and
reasonably utilize any scientific or historic base flood elevation and floodway data
available from a Federal, State, or other source, in order to administer the provisions of
Article 5. ONLY if data are not available from these sources, then the provisions of (a)
and (b) of this Section shall apply.
§ 8-1-46. STADARDS FOR SUBDIVISIOS.
(a) All subdivision and/or development proposals shall be consistent with the need to
minimize flood damage;
(b) All subdivision and/or development proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed to minimize flood
damage;
(c) All subdivision and/or development proposals shall have adequate drainage provided to
reduce exposure to flood hazards, and;
(d) For subdivisions and/or developments greater than fifty lots or five acres, whichever is
less, base flood elevation data shall be provided for subdivision proposals and all other
proposed development, including manufactured home parks and subdivisions. Any
changes or revisions to the flood data adopted herein and shown on the FIRM shall be
submitted to FEMA for review as a Conditional Letter of Map Revision (CLMOR) or
Conditional Letter of Map Amendment (CLOMA), whichever is applicable. Upon
completion of the project, the developer is responsible for submitting the “as-built” data
to FEMA in order to obtain the final Letter of Map Revision (LOMR).
§ 8-1-47. STADARDS FOR AREAS OF SHALLOW FLOODIG (AO ZOES).
Areas of Special Flood Hazard established in Article 3, Section 8-1-17, may include designated
"AO" shallow flooding areas. These areas have base flood depths of one to three feet (1'-3') above
ground, with no clearly defined channel. The following provisions apply:
(a) All new construction and substantial improvements of residential and non-residential
structures shall have the lowest floor, including basement, elevated to the flood depth
number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent
grade. If no flood depth number is specified, the lowest floor, including basement, shall
be elevated at least three feet (3) above the highest adjacent grade. Openings sufficient to
facilitate the unimpeded movements of flood waters shall be provided in accordance with
standards of Article 5, Section 8-1-43(j), "Elevated Buildings".
The Executive Director shall certify the lowest floor elevation level and the record shall
become a permanent part of the permit file.
(b) New construction or the substantial improvement of a non-residential structure:
(1) Shall have the lowest floor, including basement, elevated to the flood depth
number specified on the Flood Insurance Rate Map (FIRM), above the highest
adjacent grade. If no flood depth number is specified, the lowest floor, including
basement, shall be elevated at least three feet (3) above the highest adjacent
grade.
Corrected 8-1-46(d) typo – to read: For subdivisions and/or developments greater than fifty lots or five
acres,
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(2) May be flood-proofed in lieu of elevation. The structure, together with attendant
utility and sanitary facilities, must be designed to be water tight to the specified
FIRM flood level plus one (1) foot, above highest adjacent grade, with walls
substantially impermeable to the passage of water, and structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the
effect of buoyancy. A registered professional engineer or architect shall certify
that the design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions above, and shall provide such
certification to the official as set forth above and as required in Articles 4,
Section 8-1-30(a)(3) and Article 4, Section 8-1-30(b).
(c) Drainage paths shall be provided to guide floodwater around and away from any proposed
structure.
§ 8-1-48 STADARDS FOR AREAS OF SPECIAL FLOOD H AZARD (ZOES AE) WITH
ESTABLISHED BASE FLOOD ELEVATIOS WITHOUT DESIGATE D
FLOODWAYS
Located within the Areas of Special Flood Hazard established in Article 3, Section 8-1-17, where
streams with base flood elevations are provided but no floodways have been designated, (Zone
AE) the following provisions apply:
(a) No encroachments, including fill material, new structures or substantial improvements
shall be located within Special Flood Hazard Areas, unless certification by a registered
professional engineer is provided deomonstrating that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more than
one foot at any point within the community. The engineering certification should be
supported by technical data that conforms to standard hydraulic engineering principles.
(b) New construction or substantial improvements of buildings shall be elevated or flood-
proofed to elevations established in accordance with Article 5, Section 8-1-44.
§ 8-1-49 STADARDS FOR CRITICAL FACILITIES
(a) Critical facilities shall not be located in the 100 year floodplain or the 500 year
floodplain.
(b) All ingress and egress from any critical facility must be protected to the 500 year flood
elevation.
§ 8-1-50. RESERVED.
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§ 8-1-51. SEVERABILITY
If any Section, clause, sentence, or phrase of this Chapter is held to be invalid or unconstitutional
by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining
portions of this Chapter.
Section 2. This Chapter shall become effective upon adoption.
Section 3. All Ordinances or parts of Ordinances in conflict with this Chapter are hereby repealed.
Duly adopted by the Augusta Commission this __________ day of ____________________, 20____.
AUGUSTA COMMISSION
___________________________________
Mayor
ATTEST:
__________________________________
Clerk of Commission
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Soil Erosion, Sedimentation and Pollution Control Ordinance
NOW, THEREFORE, BE IT ORDAINED, BY THE AUGUSTA COMMISSION, AND IT IS
HEREBY ORDAINED BY AUTHORITY OF SAME, AS FOLLOWS
SECTIO I
TITLE
This Ordinance will be known as "Augusta Georgia Soil Erosion, Sedimentation and Pollution
Control Ordinance.”
SECTIO II
DEFIITIOS
The following definitions shall apply in the interpretation and enforcement of this Ordinance,
unless otherwise specifically stated:
1. Best Management Practices (BMPs): These include sound conservation and
engineering practices to prevent and minimize erosion and resultant sedimentation, which
are consistent with, and no less stringent than, those practices contained in the “Manual
for Erosion and Sediment Control in Georgia” published by the Commission as of
January 1 of the year in which the land-disturbing activity was permitted.
2. Board: The Board of Natural Resources.
3. Buffer: The area of land immediately adjacent to the banks of state waters in its natural
state of vegetation, which facilitates the protection of water quality and aquatic habitat.
4. Certified Personnel: A person who has successfully completed the appropriate
certification course approved by the Georgia Soil and Water Conservation Commission
(GSWCC).
5. Commission: The Georgia Soil and Water Conservation Commission (GSWCC).
6. CPESC: Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation
registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.
7. Cut: A portion of land surface or area from which earth has been removed or will be
removed by excavation; the depth below original ground surface to the excavated surface.
Also known as “excavation”.
8. Department: The Georgia Department of Natural Resources (DNR).
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9. Design Professional: A professional licensed by the State of Georgia in the field of:
engineering, architecture, landscape architecture, forestry, geology, or land surveying; or
a person that is a Certified Professional In Erosion and Sediment Control (CPESC) with a
current certification by Certified Professional in Erosion and Sediment Control, Inc.
10. Developer: Refers to the person or persons, corporation, or other business
applying for a permit to undertake land-disturbing activity and performing
development within the scope of this Ordinance.
11. Development: Refers to any activity which would alter the elevation of the land,
remove or destroy plant life, cause structure of any kind to be installed, erected, or
removed, or a change of any kind from conditions existing as of the effective date of this
Ordinance unless such activity is exempted under §7-3-33.
12. Director: The Director of the Environmental Protection Division or an authorized
representative.
13. District: The Brier Creek Soil and Water Conservation District.
14. Division: The Environmental Protection Division (EPD) of the Georgia Department of
Natural Resources (DNR).
15. Drainage Structure: A device composed of a virtually nonerodible material such as
concrete, steel, plastic or other such material that conveys water from one place to
another by intercepting the flow and carrying it to a release point for storm-water
management, drainage control, or flood control purposes.
16. Erosion: The process by which land surface is worn away by the action of wind, water,
ice or gravity.
17. Erosion, Sedimentation and Pollution Control Plan: A plan required by the
Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum,
protections at least as stringent as the State General Permit, best management practices,
and requirements in Section IV.C. of this Ordinance.
18. Existing Grade: The vertical location of the existing ground surface prior to any
grading, excavation or filling.
19. Fill: A portion of land surface to which soil or other solid material has been added; the
depth above the original ground surface or an excavation.
20. Final Stabilization: All soil disturbing activities at the site have been completed, and
that for unpaved areas and areas not covered by permanent structures and areas located
outside the waste disposal limits of a landfill cell that has been certified by EPD for waste
disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a
density of 70% or greater, or equivalent permanent stabilization measures (such as the
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use of rip-rap, gabions, permanent mulches or geotextiles) have been used. Permanent
vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of perennial
vegetation appropriate for the time of year and region; or a crop of annual vegetation and
a seeding of target crop perennials appropriate for the region. Final stabilization applies
to each phase of construction.
21. Finished Grade: The final elevation and contour of the ground after cutting or filling
and conforming to the proposed design.
22. Grading: Altering the shape of ground surfaces to a predetermined condition; this
includes stripping, cutting, filling, stockpiling and shaping or any combination thereof
and shall include the land in its cut or filled condition.
23. Ground Elevation: The original elevation of the ground surface prior to cutting or
filling.
24. Land-Disturbing Activity: Any activity which may result in soil erosion from water or
wind and the movement of sediments into state waters or onto lands within the state,
including, but not limited to, clearing, dredging, grading, excavating, transporting, and
filling of land but not including agricultural practices as described in Section III,
Paragraph 5.
25. Larger Common Plan of Development or Sale: A contiguous area where multiple
separate and distinct construction activities are occurring under one plan of development
or sale. For the purposes of this paragraph, “plan” means an announcement; piece of
documentation such as a sign, public notice or hearing, sales pitch, advertisement,
drawing, permit application, zoning request, or computer design; or physical demarcation
such as boundary signs, lot stakes, or surveyor markings, indicating that construction
activities may occur on a specific plot.
26. Local Issuing Authority: The governing authority of any county or municipality
which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. The LIA in Augusta is the
Executive Director of the Augusta Planning and Development Department. The Augusta
Engineering Department is an extension of the LIA with respect to plan review and
enforcement.
27. Metropolitan River Protection Act (MRPA): A state law referenced as O.C.G.A.
12-5-440 et. seq., which addresses environmental and developmental matters in certain
metropolitan river corridors and their drainage basins.
28. Mulching: Refers to the application of plant or other suitable materials in the soil
surface to conserve moisture, hold soil in place, and aid in establishing plant cover.
29. Natural Ground Surface: The ground surface in its original state before any grading,
excavation or filling.
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30. Nephelometric Turbidity Units (NTU): Numerical units of measure based upon
photometric analytical techniques for measuring the light scattered by finely divided
particles of a substance in suspension. This technique is used to estimate the extent of
turbidity in water in which colloidally dispersed or suspended particles are present.
31. Notice of Intent (NOI): A Notice of Intent form provided by EPD for coverage under
the State General Permit.
32. Notice of Termination (NOT): A Notice of Termination form provided by EPD to
terminate coverage under the State General Permit.
33. One Hundred Year Floodplain / 1% Annual Chance Floodplain / Special
Flood Hazard Area (SFHA): The area that is subject to flooding by the 1% annual
chance flood (the flood that has a 1% chance of being equaled or exceeded in any given
year).
34. Operator: The party or parties that have: (A) operational control of construction project
plans and specifications, including the ability to make modifications to those plans and
specifications; or (B) day-to-day operational control of those activities that are necessary
to ensure compliance with an erosion, sedimentation and pollution control plan for the
site or other permit conditions, such as a person authorized to direct workers at a site to
carry out activities required by the erosion, sedimentation and pollution control plan or to
comply with other permit conditions.
35. Outfall: The location where storm water in a discernible, confined and discrete
conveyance, leaves a facility or site, or if there is a receiving water on site, becomes a
point source discharging into that receiving water.
36. Permit: The authorization necessary to conduct a land-disturbing activity under the
provisions of this Ordinance.
37. Person: Any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility,
cooperative, state agency, municipality or other political subdivision of the State of
Georgia, any interstate body or any other legal entity.
38. Phase or Phased: Sub-parts or segments of construction projects where the sub-part or
segment is constructed and stabilized prior to completing construction activities on the
entire construction site.
39. Planning : Augusta Planning and Development Department
40. Project: The entire proposed development project regardless of the size of the area of
land to be disturbed.
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41. Properly Designed: Designed in accordance with the design requirements and
specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
(Manual) published by the Georgia Soil and Water Conservation Commission (GSWCC)
as of January 1 of the year in which the land-disturbing activity was permitted and
amendments to the Manual as approved by the Commission up until the date of NOI
submittal.
42. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch, composed
of a virtually non-erodible material such as concrete, steel, plastic, or other such material
that conveys water under a roadway by intercepting the flow on one side of a traveled
roadway consisting of one or more defined lanes, with or without shoulder areas, and
carrying water to a release point on the other side.
43. Sediment: Solid material, both organic and inorganic, that is in suspension, is being
transported, or has been moved from its site of origin by wind, water, ice, or gravity as a
product of erosion.
44. Sedimentation: The process by which eroded material is transported and deposited by
the action of water, wind, ice or gravity.
45. Soil and Water Conservation District Approved Plan: An erosion, sedimentation
and pollution control plan approved in writing by the Brier Creek Soil and Water
Conservation District.
46. Soil Erosion, Sedimentation and Pollution Control Measures: Refers to
mechanical measures used to reshape the land to intercept, divert, convey, retard, or
otherwise control runoff, including, but not limited to, land grading, bench terraces,
subsurface drains, diversions, berms, storm sewers, outlets, waterway stabilization
structures, lines channels, sediment and debris basin, and stream channel and bank
stabilization; and vegetative measures to provide temporary cover to help control erosion
during construction and permanent cover to stabilize the site after construction is
complete.
47. Stabilization: The process of establishing an enduring soil cover of vegetation by the
installation of temporary or permanent structures for the purpose of reducing to a
minimum the erosion process and the resultant transport of sediment by wind, water, ice
or gravity.
48. State General Permit: The National Pollution Discharge Elimination System
(NPDES) General Permit or permits for stormwater runoff from construction activities as
is now in effect or as may be amended or reissued in the future pursuant to the state’s
authority to implement the same through federal delegation under the Federal Water
Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of
Code Section 12-5-30.
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49. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds,
drainage systems, springs, wells, and other bodies of surface or subsurface water, natural
or artificial, lying within or forming a part of the boundaries of Georgia which are not
entirely confined and retained completely upon the property of a single individual,
partnership, or corporation.
50. Structural Erosion, Sedimentation and Pollution Control Practices: Practices
for the stabilization of erodible or sediment producing areas by utilizing the mechanical
properties of matter for the purpose of either changing the surface of the land or storing,
regulating or disposing of runoff to prevent excessive sediment loss. Examples of
structural erosion and sediment control practices are riprap, sediment basins, dikes, level
spreaders, waterways or outlets, diversions, grade stabilization structures and sediment
traps, etc. Such practices can be found in the publication Manual for Erosion and
Sediment Control in Georgia.
51. Trout Streams: All streams or portions of streams within the watershed as designated
by the Wildlife Resources Division of the Georgia Department of Natural Resources
under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20 in the
rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org.
Streams designated as primary trout waters are defined as water supporting a self-
sustaining population of rainbow, brown or brook trout. Streams designated as secondary
trout waters are those in which there is no evidence of natural trout reproduction, but are
capable of supporting trout throughout the year. First order trout waters are streams into
which no other streams flow except springs.
52. Vegetative Erosion and Sedimentation Control Measures: Measures for the
stabilization of erodible or sediment producing areas by covering the soil with:
a. Permanent seeding, sprigging or planting, producing long-term vegetative
cover, or
b. Temporary seeding, producing short-term vegetative cover, or
c. Sodding, covering areas with a turf of perennial sod forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment
Control in Georgia.
53. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch,
canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows
either continuously or intermittently and which has a definite channel, bed and banks, and
including any area adjacent thereto subject to inundation by reason of overflow or
floodwater.
54. Wetlands: Those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do
support a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas.
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SECTIO III
EXEMPTIOS
This Ordinance shall apply to any land disturbing activity undertaken by any person on any land
except for the following:
1. Surface mining, as the same is defined in O.C.G.A. 12-4-72, "The Georgia
Surface Mining Act of 1968";
2. Granite quarrying and land clearing for such quarrying;
3. Such minor land-disturbing activities as home gardens and individual home
landscaping, repairs, maintenance work, fences, and other related activities which
result in minor soil erosion;
4. The construction of single-family residences, when such construction disturbs less
than one (1) acre and is not a part of a larger common plan of development or sale
with a planned disturbance of equal to or greater than one (1) acre and not
otherwise exempted under this paragraph; provided, however, that construction of
any such residence shall conform to the minimum requirements as set forth in
O.C.G.A. 12-7-6 and this paragraph. For single-family residence construction
covered by the provisions of this paragraph, there shall be a buffer zone between
the residence and any state waters classified as trout streams pursuant to Article 2
of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone,
no land-disturbing activity shall be constructed between the residence and the
point where vegetation has been wrested by normal stream flow or wave action
from the banks of the trout waters. For primary trout waters, the buffer zone shall
be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted.
For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but
the Director may grant variances to no less than 25 feet. Regardless of whether a
trout stream is primary or secondary, for first order trout waters, which are
streams into which no other streams flow except for springs, the buffer shall be at
least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The
minimum requirements of subsection (b) of O.C.G.A. 12-7-6 and the buffer zones
provided by this paragraph shall be enforced by the Local Issuing Authority;
5. Agricultural operations as defined in O.C.G.A. 1-3-3, "definitions", to include
raising, harvesting or storing of products of the field or orchard; feeding, breeding
or managing livestock or poultry; producing or storing feed for use in the
production of livestock, including but not limited to cattle, calves, swine, hogs,
goats, sheep, and rabbits or for use in the production of poultry, including but not
limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals;
the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and
apiarian products; farm buildings and farm ponds;
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6. Forestry land management practices, including harvesting; provided, however,
that when such exempt forestry practices cause or result in land-disturbing or
other activities otherwise prohibited in a buffer, as established in paragraphs (15)
and (16) of Section IV C. of this Ordinance, no other land-disturbing activities,
except for normal forest management practices, shall be allowed on the entire
property upon which the forestry practices were conducted for a period of three
years after completion of such forestry practices;
7. Any project carried out under the technical supervision of the Natural Resources
Conservation Service of the United States Department of Agriculture;
8. Any project involving less than one (1) acre of disturbed area; provided, however,
that this exemption shall not apply to any land-disturbing activity within a larger
common plan of development or sale with a planned disturbance of equal to or
greater than one (1) acre or within 200 feet of the bank of any state waters, and for
purposes of this paragraph, “State Waters” excludes channels and drainage ways
which have water in them only during and immediately after rainfall events and
intermittent streams which do not have water in them year- round; provided,
however, that any person responsible for a project which involves less than one
(1) acre, which involves land-disturbing activity, and which is within 200 feet of
any such excluded channel or drainage way, must prevent sediment from moving
beyond the boundaries of the property on which such project is located and
provided, further, that nothing contained herein shall prevent the Local Issuing
Authority from regulating any such project which is not specifically exempted by
paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10 of this section;
9. Construction or maintenance projects, or both, undertaken or financed in whole
or in part, or both, by the Department of Transportation, the Georgia Highway
Authority, or the State Road and Tollway Authority; or any road construction or
maintenance project, or both, undertaken by any county or municipality;
provided, however, that construction or maintenance projects of the Department
of Transportation or the State Road and Tollway Authority which disturb one (1)
or more contiguous acres of land shall be subject to provisions of O.C.G.A. 12-7-
7.1; except where the Department of Transportation, the Georgia Highway
Authority, or the State Road and Tollway Authority is a secondary permittee for a
project located within a larger common plan of development or sale under the
state general permit, in which case a copy of a notice of intent under the state
general permit shall be submitted to the Local Issuing Authority; the Local
Issuing Authority shall enforce compliance with the minimum requirements set
forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be
subject to the same penalties as violations by permit holders;
10. Any land-disturbing activities conducted by any electric membership corporation
or municipal electrical system or any public utility under the regulatory
jurisdiction of the Public Service Commission, any utility under the regulatory
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jurisdiction of the Federal Energy Regulatory Commission, any cable television
system as defined in O.C.G.A. 36-18-1, or any agency or instrumentality of the
United States engaged in the generation, transmission, or distribution of power;
except where an electric membership corporation or municipal electrical system
or any public utility under the regulatory jurisdiction of the Public Service
Commission, any utility under the regulatory jurisdiction of the Federal Energy
Regulatory Commission, any cable television system as defined in O.C.G.A. 36-
18-1,or any agency or instrumentality of the United States engaged in the
generation, transmission, or distribution of power is a secondary permittee for a
project located within a larger common plan of development or sale under the
state general permit, in which case the Local Issuing Authority shall enforce
compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 as if a
permit had been issued, and violations shall be subject to the same penalties as
violations by permit holders; and
11. Any public water system reservoir.
SECTIO IV
MIIMUM REQUIREMETS FOR EROSIO, SEDIMETATIO AD POLLUTIO
COTROL USIG BEST MAAGEMET PRACTICES
A. GENERAL PROVISIONS
Excessive soil erosion and resulting sedimentation can take place during land-disturbing
activities if requirements of the Ordinance and the NPDES General Permit are not met.
Therefore, plans for those land-disturbing activities which are not exempted by this Ordinance
shall contain provisions for application of soil erosion, sedimentation and pollution control
measures and practices. The provisions shall be incorporated into the erosion, sedimentation and
pollution control plans. Soil erosion, sedimentation and pollution control measures and practices
shall conform to the minimum requirements of Section IV B. & C. of this Ordinance. The
application of measures and practices shall apply to all features of the site, including street and
utility installations, drainage facilities and other temporary and permanent improvements.
Measures shall be installed to prevent or control erosion, sedimentation and pollution during all
stages of any land-disturbing activity in accordance with requirements of this Ordinance and the
NPDES General Permit.
B. MINIMUM REQUIREMENTS / BMPs
1. Best management practices as set forth in Section IV B. & C. of this Ordinance
shall be required for all land-disturbing activities. Proper design, installation, and
maintenance of best management practices shall constitute a complete defense to
any action by the Director or to any other allegation of noncompliance with
paragraph (2) of this subsection or any substantially similar terms contained in a
permit for the discharge of storm water issued pursuant to subsection (f) of
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O.C.G.A. 12-5-30, the "Georgia Water Quality Control Act". As used in this
subsection the terms "proper design” and “properly designed” mean designed in
accordance with the hydraulic design specifications contained in the “Manual for
Erosion and Sediment Control in Georgia” specified in O.C.G.A. 12-7-6
subsection (b).
2. A discharge of storm water runoff from disturbed areas where best management
practices have not been properly designed, installed, and maintained shall
constitute a separate violation of any land disturbing permit issued by a Local
Issuing Authority or of any state general permit issued by the Division pursuant to
subsection (f) of O.C.G.A. 12-5-30, the "Georgia Water Quality Control Act", for
each day on which such discharge results in the turbidity of receiving waters
being increased by more than twenty-five (25) Nephelometric Turbidity Units for
waters supporting warm water fisheries or by more than ten (10) Nephelometric
Turbidity Units for waters classified as trout waters. The turbidity of the receiving
waters shall be measured in accordance with guidelines to be issued by the
Director. This paragraph shall not apply to any land disturbance associated with
the construction of single family homes which are not part of a larger common
plan of development or sale unless the planned disturbance for such construction
is equal to or greater than five (5) acres.
3. Failure to properly design, install, or maintain best management practices shall
constitute a violation of any land- disturbing permit issued by a Local Issuing
Authority or of any state general permit issued by the Division pursuant to
subsection (f) of Code Section 12-5-30, the "Georgia Water Quality Control Act",
for each day on which such failure occurs.
4. The Director may require, in accordance with regulations adopted by the Board,
reasonable and prudent monitoring of the turbidity level of receiving waters into
which discharges from land disturbing activities occur.
5. The Local Issuing Authority may set more stringent buffer requirements than state
in C.15 and 16, in light of O.C.G.A. subsection 12-7-6 (c).
C.
The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. 12-7-1 et.
seq. for the purpose of governing land-disturbing activities shall require, as a minimum,
protections at least as stringent as the state general permit; and best management practices,
including sound conservation and engineering practices to prevent and minimize erosion and
resultant sedimentation, which are consistent with, and no less stringent than, those practices
contained in the Manual for Erosion and Sediment Control in Georgia published by the
Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-
disturbing activity was permitted, as well as the following:
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1. Stripping of vegetation, regrading and other development activities shall be
conducted in a manner so as to minimize erosion;
2. Cut-fill operations must be kept to a minimum;
3. Development plans must conform to topography and soil type so as to create the
lowest practicable erosion potential;
4. Whenever feasible, natural vegetation shall be retained, protected and
supplemented;
5. The disturbed area and the duration of exposure to erosive elements shall be kept
to a practicable minimum;
6. Disturbed soil shall be stabilized as quickly as practicable;
7. Temporary vegetation or mulching shall be employed to protect exposed critical
areas during development;
8. Permanent vegetation and structural erosion control practices shall be installed as
soon as practicable;
9. To the extent necessary, sediment in run-off water must be trapped by the use of
debris basins, sediment basins, silt traps, or similar measures until the disturbed
area is stabilized. As used in this paragraph, a disturbed area is stabilized when it
is brought to a condition of continuous compliance with the requirements of
O.C.G.A. 12-7-1 et. seq.;
10. Adequate provisions must be provided to minimize damage from surface water to
the cut face of excavations or the sloping of fills;
11. Cuts and fills may not endanger adjoining property;
12. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners;
13. Grading equipment must cross flowing streams by means of bridges or culverts
except when such methods are not feasible, provided, in any case, that such
crossings are kept to a minimum;
14. Land-disturbing activity plans for erosion, sedimentation and pollution control
shall include provisions for treatment or control of any source of sediments and
adequate sedimentation control facilities to retain sediments on-site or preclude
sedimentation of adjacent waters beyond the levels specified in Section IV B. 2.
of this Ordinance
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15. Except as provided in paragraph (16) of this subsection, there is established a 25
foot buffer along the banks of all state waters, as measured horizontally from the
point where vegetation has been wrested by normal stream flow or wave action,
except where the Director determines to allow a variance that is at least as
protective of natural resources and the environment, where otherwise allowed by
the Director pursuant to O.C.G.A. 12-2-8, where a drainage structure or a
roadway drainage structure must be constructed, provided that adequate erosion
control measures are incorporated in the project plans and specifications, and are
implemented; or along any ephemeral stream. As used in this provision, the term
“ephemeral stream” means a stream: that under normal circumstances has water
flowing only during and for a short duration (less than 48 hours) after
precipitation events; that has the channel located above the ground-water table
year round; for which ground water is not a source of water; and for which runoff
from precipitation is the primary source of water flow. Unless exempted as along
an ephemeral stream, the buffers of at least 25 feet established pursuant to part 6
of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall
remain in force unless a variance is granted by the Director as provided in this
paragraph. The following requirements shall apply to any such buffer:
a. No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed state of vegetation until all
land disturbing activities on the construction site are completed. Once the
final stabilization of the site is achieved, a buffer may be thinned or
trimmed of vegetation as long as a protective vegetative cover remains to
protect water quality and aquatic habitat and a natural canopy is left in
sufficient quantity to keep shade on the stream bed; provided, however,
that any person constructing a single family residence, when such
residence is constructed by or under contract with the owner for his or her
own occupancy, may thin or trim vegetation in a buffer at any time as long
as protective vegetative cover remains to protect water quality and aquatic
habitat and a natural canopy is left in sufficient quantity to keep shade on
the stream bed; and
b. The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of
crossing, within 25 degrees of perpendicular to the stream; cause a width
of disturbance of not more than 50 feet within the buffer; and adequate
erosion control measures are incorporated into the project plans and
specifications and are implemented: (i) Stream crossings for water lines;
or (ii) Stream crossings for sewer lines; and
16. There is established a 50 foot buffer as measured horizontally from the point
where vegetation has been wrested by normal stream flow or wave action, along
the banks of any state waters classified as "trout streams" pursuant to Article 2 of
Chapter 5 of Title 12, the "Georgia Water Quality Control Act", except where a
roadway drainage structure must be constructed ; provided, however, that small
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springs and streams classified as trout streams which discharge an average annual
flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be
piped, at the discretion of the landowner, pursuant to the terms of a rule providing
for a general variance promulgated by the Board, so long as any such pipe stops
short of the downstream landowner’s property and the landowner complies with
the buffer requirement for any adjacent trout streams. The Director may grant a
variance from such buffer to allow land-disturbing activity, provided that
adequate erosion control measures are incorporated in the project plans and
specifications and are implemented. The following requirements shall apply to
such buffer:
a. No land-disturbing activities shall be conducted within a buffer and a buffer
shall remain in its natural, undisturbed, state of vegetation until all land
disturbing activities on the construction site are completed. Once the final
stabilization of the site is achieved, a buffer may be thinned or trimmed of
vegetation as long as a protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to
keep shade on the stream bed: provided, however, that any person
constructing a single– family residence, when such residence is constructed
by or under contract with the owner for his or her own occupancy, may thin or
trim vegetation in a buffer at any time as long as protective vegetative cover
remains to protect water quality and aquatic habitat and a natural canopy is
left in sufficient quantity to keep shade on the stream bed; and
b. The buffer shall not apply to the following land-disturbing activities, provided
that they occur at an angle, as measured from the point of crossing, within 25
degrees of perpendicular to the stream; cause a width of disturbance of not
more than 50 feet within the buffer; and adequate erosion control measures are
incorporated into the project plans and specifications and are implemented: (i)
Stream crossings for water lines; or (ii) Stream crossings for sewer lines.
D. Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent any Local Issuing Authority
from adopting rules and regulations, ordinances, or resolutions which contain stream
buffer requirements that exceed the minimum requirements in Section IV B. & C. of this
Ordinance.
E. The fact that land-disturbing activity for which a permit has been issued results in injury
to the property of another shall neither constitute proof of nor create a presumption of a
violation of the standards provided for in this Ordinance or the terms of the permit.
SECTIO V
APPLICATIO/PERMIT PROCESS
A. GENERAL
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The property owner, developer and designated planners and engineers shall design and review
before submittal the general development plans. The Local Issuing Authority shall review the
tract to be developed and the area surrounding it. They shall consult the Zoning Ordinance,
Stormwater Management Ordinance, Subdivision Ordinance, Flood Damage Prevention
Ordinance, this Ordinance, and any other ordinances, rules, regulations or permits, which
regulate the development of land within the jurisdictional boundaries of the Local Issuing
Authority. However, the owner and/or operator are the only parties who may obtain a permit.
B. APPLICATION REQUIREMENTS
1. No person shall conduct any land disturbing activity within the jurisdictional boundaries
of Augusta, Georgia without first obtaining a permit from the Augusta-Richmond County
Planning Commission to perform such activity and providing a copy of the Notice of
Intent submitted to EPD, if applicable.
2. The application for a permit shall be submitted to the Augusta-Richmond County
Planning Commission and must include the applicant’s erosion, sedimentation and
pollution control plan with supporting data, as necessary. Said plans shall include, as a
minimum, the data specified in Section V C. of this Ordinance. Erosion, sedimentation
and pollution control plans, together with supporting data, must demonstrate
affirmatively that the land-disturbing activity proposed will be carried out in such a
manner that the provisions of Section IV B. & C. of this Ordinance will be met.
Applications for a permit will not be accepted unless accompanied by the applicable
number of the applicant’s erosion, sedimentation and pollution control plans. All
applications shall contain a certification stating that the plan preparer or the designee
thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-
.10.
3. In addition to the local permitting fees, fees will also be assessed pursuant to paragraph
(5) subsection (a) of O.C.G.A. 12-5-23, provided that such fees shall not exceed $80.00
per acre of land disturbing activity, and these fees shall be calculated and paid by the
primary permittee as defined in the state general permit for each acre of land-disturbing
activity included in the planned development or each phase of development. All
applicable fees shall be paid prior to issuance of the land disturbance permit. In a
jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. 12-7-8 half of such
fees levied shall be submitted to the Division; except that any and all fees due from an
entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. 12-
7-17 shall be submitted in full to the Division, regardless of the existence of a Local
Issuing Authority in the jurisdiction.
4. Immediately upon receipt of an application and plan for a permit, the Local Issuing
Authority shall refer the application and plan to the District for its review and approval or
disapproval concerning the adequacy of the erosion, sedimentation and pollution control
plan. The District shall approve or disapprove a plan within 35 days of receipt. Failure of
the District to act within 35 days shall be considered an approval of the pending plan. The
results of the District review shall be forwarded to the Local Issuing Authority. No permit
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will be issued unless the plan has been approved by the District, and any variances
required by Section IV C. 15. & 16 has been obtained, all fess have been paid, and
bonding, if required as per Section V B.6. have been obtained. Such review will not be
required if the Local Issuing Authority and the District have entered into an agreement
which allows the Local Issuing Authority to conduct such review and approval of the
plan without referring the application and plan to the District. The Local Issuing
Authority with plan review authority shall approve or disapprove a revised Plan submittal
within 35 days of receipt. Failure of the Local Issuing Authority with plan review
authority to act within 35 days shall be considered an approval of the revised plan
submittal.
5. If a permit applicant has had two or more violations of previous permits, this Ordinance
section, or the Erosion and Sedimentation Act, as amended, within three years prior to the
date of filing the application under consideration, the Local Issuing Authority may deny
the permit application.
6. The Local Issuing Authority may require the permit applicant to post a bond in the form
of government security, cash, irrevocable letter of credit, or any combination thereof up
to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-
disturbing activity, prior to issuing the permit. If the applicant does not comply with this
section or with the conditions of the permit after issuance, the Local Issuing Authority
may call the bond or any part thereof to be forfeited and may use the proceeds to hire a
contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
These provisions shall not apply unless there is in effect an ordinance or statute
specifically providing for hearing and judicial review of any determination or order of the
Local Issuing Authority with respect to alleged permit violations.
C. PLAN REQUIREMENTS
1. Plans must be prepared to meet the minimum requirements as contained in Section IV B.
& C. of this Ordinance, or through the use of more stringent, alternate design criteria
which conform to sound conservation and engineering practices. The Manual for
Erosion and Sediment Control in Georgia is hereby incorporated by reference into
this Ordinance. The plan for the land-disturbing activity shall consider the
interrelationship of the soil types, geological and hydrological characteristics,
topography, watershed, vegetation, proposed permanent structures including roadways,
constructed waterways, sediment control and storm water management facilities, local
ordinances and State laws. Maps, drawings, and supportive computations shall bear the
signature and seal of the certified design professional. Persons involved in land
development design, review, permitting, construction, monitoring, or inspections of any
land-disturbing activity shall meet the education and training certification requirements,
dependent on his or her level of involvement with the process, as developed by the
Commission and in consultation with the Division and the Stakeholder Advisory Board
created pursuant to O.C.G.A. 12-7-20.
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2. Data Required for Site Plan shall include all the information required from the
appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist
established by the Commission as of January 1 of the year in which the land-disturbing
activity was permitted.
3. Plot plans for single family homes on individual lots shall illustrate the best management
practices the contractor will implement during construction to prevent soil erosion and
damage to adjoining properties as a result of erosion; the plot plan shall illustrate positive
storm water drainage to an existing storm water structure; and the plot plan shall illustrate
the method for permanently stabilizing the disturbed soil upon completion of
construction.
The following shall be illustrated on residential plot plans.
a. Contractors name.
b. Street name and property address
c. Lot dimensions drawn to scale
d. All drainage and utility easements
e. Existing drainage swales
f. Footprint of building
g. Building setback dimensions
h. Best management practices to be implemented:
1. Sediment barriers
2. Proposed drainage swales
3. Construction exit
4. Maintenance
i. Positive storm water drainage from the lot to an existing storm water
structure. Direction of flow to be indicated by arrows. Existing storm water
structure includes paved streets, drainage structure inlets, drainage ditches,
and swales.
j. How disturbed soils will be permanently stabilized.
k. 100-Year floodplain data
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l. Existing structures on property.
m. Wetlands data
n. Distance to any stream, creek or water body on or adjacent to (within
200 feet of) the proposed site.
o. Delineate 25 feet state water buffer, as applicable.
D. PERMITS
1. Permits shall be issued or denied as soon as practicable but in any event not later than
forty-five (45) days after receipt by the Local Issuing Authority of a completed
application, providing variances and bonding are obtained, where necessary and all
applicable fees have been paid prior to the permit issuance. The permit shall include
conditions under which the activity may be undertaken.
2. No permit shall be issued by the Local Issuing Authority unless the erosion,
sedimentation and pollution control plan has been approved by the District and the Local
Issuing Authority has affirmatively determined that the plan is in compliance with this
Ordinance, any variances required by Section IV C. 15. & 16 are obtained, bonding
requirements, if necessary, as per Section V B. 6. are met and all ordinances and rules
and regulations in effect within the jurisdictional boundaries of the Local Issuing
Authority are met. If the permit is denied, the reason for denial shall be furnished to the
applicant.
3. Any land-disturbing activities by a Local Issuing Authority shall be subject to the same
requirements of this Ordinance, and any other ordinances relating to land development, as
are applied to private persons and the Division shall enforce such requirements upon the
Local Issuing Authority.
4. If the tract is to be developed in phases, then a separate permit shall be required for each
phase.
5. The permit may be suspended, revoked, or modified by the Local Issuing Authority, as to
all or any portion of the land affected by the plan, upon finding that the holder or his
successor in the title is not in compliance with the approved erosion and sedimentation
control plan or that the holder or his successor in title is in violation of this Ordinance. A
holder of a permit shall notify any successor in title to him as to all or any portion of the
land affected by the approved plan of the conditions contained in the permit.
5. The Local Issuing Authority may reject a permit application if the applicant has had two
or more violations of previous permits or the Erosion and Sedimentation Act permit
requirements within three (3) years prior to the date of the application, in light of
O.C.G.A. 12-7-7 (f) (1).
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SECTIO VI
ISPECTIO AD EFORCEMET
A. As an extension of the Local Issuing Authority, the Augusta Engineering Department
will periodically inspect the sites of land-disturbing activities for which permits have
been issued to determine if the activities are being conducted in accordance with the plan
and if the measures required in the plan are effective in controlling erosion and
sedimentation. Also, the Local Issuing Authority shall regulate primary, secondary and
tertiary permittees as such terms are defined in the state general permit. Primary
permittees shall be responsible for installation and maintenance of best management
practices where the primary permittee is conducting land-disturbing activities. Secondary
permittees shall be responsible for installation and maintenance of best management
practices where the secondary permittee is conducting land-disturbing activities. Tertiary
permittees shall be responsible for installation and maintenance where the tertiary
permittee is conduction land-disturbing activities. If, through inspection, it is deemed
that a person engaged in land-disturbing activities as defined herein has failed to comply
with the approved plan, with permit conditions, or with the provisions of this Ordinance,
a written notice to comply shall be served upon that person. The notice shall set forth the
measures necessary to achieve compliance and shall state the time within which such
measures must be completed. If the person engaged in the land-disturbing activity fails to
comply within the time specified, he shall be deemed in violation of this Ordinance.
1. Residential Construction of Individual Lots: The License and Inspection
Department will inspect for compliance with this Ordinance for residential
construction on individual lots. If a project is deemed not to be in compliance
with the approved plot plan, the contractor will be issued a written notice to
comply with the approved plot plan. The notice shall set forth the measures
necessary to achieve compliance and shall state the time within which such
measures must be completed. If the contractor engaged in the land disturbing
activity fails to comply within the time specified, he shall be deemed in violation
of this chapter.
B. The Local Issuing Authority must amend its ordinances to the extent appropriate within
twelve (12) months of any amendments to the Erosion and Sedimentation Act of 1975.
C. The Augusta Engineering Department, as an extension of the Local Issuing Authority,
shall have the power to conduct such investigations as it may reasonably deem necessary
to carry out duties as prescribed in this Ordinance, and for this purpose to enter at
reasonable times upon any property, public or private, for the purpose of investigation
and inspecting the sites of land-disturbing activities.
D. No person shall refuse entry or access to any authorized representative or agent of the
Local Issuing Authority, the Commission, the District, or Division who requests entry for
the purposes of inspection, and who presents appropriate credentials, nor shall any person
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obstruct, hamper or interfere with any such representative while in the process of
carrying out his official duties.
E. The District or the Commission or both shall semi-annually review the actions of
counties and municipalities which have been certified as Local Issuing Authorities
pursuant to O.C.G.A. 12-7-8 (a). The District or the Commission or both may provide
technical assistance to any county or municipality for the purpose of improving the
effectiveness of the county’s or municipality’s erosion, sedimentation and pollution
control program. The District or the Commission shall notify the Division and request
investigation by the Division if any deficient or ineffective local program is found.
F. The Division may periodically review the actions of counties and municipalities which
have been certified as Local Issuing Authorities pursuant to Code Section 12-7-8 (a).
Such review may include, but shall not be limited to, review of the administration and
enforcement of a governing authority’s ordinance and review of conformance with an
agreement, if any, between the District and the governing authority. If such review
indicates that the governing authority of any county or municipality certified pursuant to
O.C.G.A. 12-7-8 (a) has not administered or enforced its ordinances or has not conducted
the program in accordance with any agreement entered into pursuant to O.C.G.A. 12-7-7
(e), the Division shall notify the governing authority of the county or municipality in
writing. The governing authority of any county or municipality so notified shall have
ninety (90) days within which to take the necessary corrective action to retain
certification as a Local Issuing Authority. If the county or municipality does not take
necessary corrective action within ninety (9 0) days after notification by the Division, the
Division may revoke the certification of the county or municipality as a Local Issuing
Authority.
SECTIO VII
PEALTIES AD ICETIVES
A. FAILURE TO OBTAIN A PERMIT FOR LAND-DISTURBING ACTIVITY
If any person commences any land disturbing activity requiring a land disturbing permit
as prescribed in this Ordinance without first obtaining said permit, the person shall be
subject to revocation of his business license, work permit or other authorization for the
conduct of a business and associated work activities within the jurisdictional boundaries
of the Local Issuing Authority.
B. STOP-WORK ORDERS
1. For the first violation of the provisions of this Ordinance, the Director or the Local
Issuing Authority shall issue a written warning to the violator. The violator shall have
five days to correct the violation. If the violation is not corrected within five days, the
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Director or the Local Issuing Authority shall issue a Stop-Work Order requiring that
land-disturbing activities be stopped until necessary corrective action or mitigation
has occurred; provided, however, that, if the violation presents an imminent threat to
public health or waters of the state or if the land-disturbing activities are conducted
without obtaining the necessary permit, the Director or the Local Issuing Authority
shall issue an immediate Stop-Work Order in lieu of a warning;
2. For a second and each subsequent violation, the Director, or the Local Issuing
Authority, shall issue an immediate Stop-Work Order; and;
3. All Stop-Work Orders shall be effective immediately upon issuance and shall be in
effect until the necessary corrective action or mitigation has occurred.
4. When a violation in the form of taking action without a permit, failure to maintain a
stream buffer, or significant amounts of sediment, as determined by the Local Issuing
Authority or by the Director or his or her Designee, have been or are being discharged
into state waters and where best management practices have not been properly
designed, installed, and maintained, a stop work order shall be issued by the Local
Issuing Authority or by the Director or his or her Designee. All such stop work orders
shall be effective immediately upon issuance and shall be in effect until the necessary
corrective action or mitigation has occurred. Such stop work orders shall apply to all
land-disturbing activity on the site with the exception of the installation and
maintenance of temporary or permanent erosion and sediment controls.
C. BOND FORFEITURE
If, through inspection, it is determined that a person engaged in land-disturbing activities
has failed to comply with the approved plan, a written notice to comply shall be served
upon that person. The notice shall set forth the measures necessary to achieve compliance
with the plan and shall state the time within which such measures must be completed. If
the person engaged in the land-disturbing activity fails to comply within the time
specified, he shall be deemed in violation of this Ordinance and, in addition to other
penalties, shall be deemed to have forfeited his Performance Bond, if required to post one
under the provisions of Section V B. 5. (b). The Local Issuing Authority may call the
bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to
stabilize the site of the land-disturbing activity and bring it into compliance.
D. MONETARY PENALTIES
1. Any person who violates any provisions of this Ordinance, or any permit
condition or limitation established pursuant to this Ordinance, or who negligently
or intentionally fails or refuses to comply with any final or emergency order of the
Director issued as provided in this Ordinance shall be liable for a civil penalty not
to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this
Ordinance, notwithstanding any provisions in any City charter to the contrary,
municipal courts shall be authorized to impose penalty not to exceed $2,500.00
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for each violation. Notwithstanding any limitation of law as to penalties which
can be assessed for violations of county ordinances, any magistrate court or any
other court of competent jurisdiction trying cases brought as violations of this
Ordinance under county ordinances approved under this Ordinance shall be
authorized to impose penalties for such violations not to exceed $2,500.00 for
each violation. Each day during which violation or failure or refusal to comply
continues shall be a separate violation.
2. Under provision of this section, any person who continues to violate, knowingly
and intentionally becoming a habitual violator on the same or different site will be
liable for a civil penalty not to exceed $2,500.00 per day.
3. Penalties, less court costs, shall be returned to the Local Issuing Authority and
deposited into the NPDES account.
SECTIO VIII
EDUCATIO AD CERTIFICATIO
A. Persons involved in land development design, review, permitting, construction, monitoring,
or inspection or any land disturbing activity shall meet the education and training
certification requirements, dependent on their level of involvement with the process, as
developed by the Commission in consultation with the Division and the Stakeholder
Advisory Board created pursuant to O.C.G.A. 12-7-20.
B. For each site on which land-disturbing activity occurs, each entity or person acting as either a
primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as
a minimum one person who is in responsible charge of erosion and sedimentation control
activities on behalf of said entity or person and meets the applicable education or training
certification requirements developed by the Commission present on site whenever land-
disturbing activities are conducted on that site. A project site shall herein be defined as any
land-disturbance site or multiple sites within a larger common plan of development or sale
permitted by an owner or operator for compliance with the state general permit.
C. Persons or entities involved in projects not requiring a state general permit but otherwise
requiring certified personnel on site may contract with certified persons to meet the
requirements of this Ordinance.
D. If a state general permittee who has operational control of land-disturbing activities for a site
has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. 12-7-
19, then any person or entity involved in land-disturbing activity at that site and operating in
a subcontractor capacity for such permittee shall meet those educational requirements
specified in paragraph (4) of subsection (b) of O.C.G.A 12-7-19 and shall not be required to
meet any educational requirements that exceed those specified in said paragraph.
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SECTIO IX
ADMIISTRATIVE APPEAL
JUDICIAL REVIEW
A. ADMINISTRATIVE REMEDIES
The suspension, revocation, modification or grant with condition of a permit by the Local
Issuing Authority upon finding that the holder is not in compliance with the approved
erosion, sedimentation and pollution control plan; or that the holder is in violation of
permit conditions; or that the holder is in violation of any ordinance; shall entitle the
person submitting the plan or holding the permit to a hearing before the Augusta
Commission within thirty (30) days after receipt by the Local Issuing Authority of
written notice of appeal.
B. JUDICIAL REVIEW
Any person, aggrieved by a decision or order of the Local Issuing Authority, after
exhausting his administrative remedies, shall have the right to appeal denovo to the
Superior Court of Richmond County, Georgia.
SECTIO X
EFFECTIVITY, VALIDITY AD LIABILITY
A. EFFECTIVITY
This Ordinance shall become effective on the 1st day of January, 2010; all ordinances or
parts of ordinances in conflict with this Ordinance are hereby repealed.
B. VALIDITY
If any section, paragraph, clause, phrase, or provision of this Ordinance shall be adjudged
invalid or held unconstitutional, such decisions shall not affect the remaining portions of
this Ordinance.
C. LIABILITY
Neither the approval of a plan under the provisions of this Ordinance, nor the compliance
with provisions of this Ordinance shall relieve any person from the responsibility for
damage to any person or property otherwise imposed by law nor impose any liability
upon the Local Issuing Authority or District for damage to any person or property.
The fact that a land-disturbing activity for which a permit has been issued results in
injury to the property of another shall neither constitute proof of nor create a presumption
of a violation of the standards provided for in this Ordinance or the terms of the permit.
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No provision of this Ordinance shall permit any persons to violate the Georgia Erosion
and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and
regulations promulgated and approved there under or pollute any Waters of the State as
defined thereby.
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WHEREAS, the State Model Soil Erosion, Sedimentation and Pollution Control Ordinance was
revised in 2009;
WHEREAS, several new definitions and soil erosion measures pertinent to Augusta Richmond
County were added in the State Model Ordinance;
WHEREAS, for effective soil erosion monitoring and enforcement these items need to be added
into our local Soil Erosion, Sedimentation and Pollution Control Ordinance, including changing
the name of the Ordinance;
THEREFORE; it is determined to delete the former SESC Ordinance and adopt this new Soil
Erosion, Sedimentation and Pollution Control Ordinance in its entirety.
ATTEST:
Signature____________________________
Signature____________________________
Effective____________________________
Attachment number 9
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Item # 5
GRADIG ORDIACE
AUGUSTA, GEORGIA
DEVELOPMENT DOCUMENT #11
AUGUSTA PLANNING & DEVELOPMENT DEPARTMENT
JULY 2011
Attachment number 10
Page 1 of 7
Item # 5
ORDINANCE NO. 6166
AN ORDINANCE TO AMEND AUGUSTA-RICHMOND
COUNTY CODE, TITLE 7, ARTICLE 6 SO AS TO
RESTATE SAID ARTICLE REGULATING THE
ISSUANCE OF A GRADING PERMIT IN ITS
ENTIRETY; TO PROVIDE AN EFFECTIVE DATE; TO
REPEAL CONFLICTING ORDINANCES; AND FOR
OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA COMMISSION, AND IT IS
HEREBY ORDAINED BY AUTHORITY OF SAME AS
FOLLOWS:
Section 1. The Augusta, GA code, Title 7, Article 6 is
hereby amended by deleting said Article 6 in its entirety and substituting in lieu thereof,
the following:
GRADIG PERMIT
§ 7-3-40 STATEMET OF PURPOSE
Soil erosion and sediment deposition onto lands and into waters in Augusta,
Georgia are occurring as a result of land clearing, excavation, filling, grading, and
construction activities. Such erosion and sediment deposition results in pollution of
Augusta, Georgia waters and damage to domestic, agricultural, recreational, fish and
wildlife, and other resource uses.
This Ordinance provides rules and regulations for excavation, filling, and grading
activities within Augusta, Georgia and provides for administration and enforcement of
said rules and regulations.
§ 7-3-41 DEFIITIOS
Unless the context otherwise requires, the following terms, as used in this
Ordinance, are defined as follows:
a) Excavation – mechanical removal of earth material.
b) Fill – the deposit of earth material placed by artificial means.
c) Grading – any excavation or filling or combination thereof.
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Item # 5
§ 7-3-42 EXEMPTIOS
No excavation, filling, or grading shall be conducted within Augusta, Georgia,
except for those activities as provided below, without first securing a permit as required
by this Ordinance. The following activities are exempted from the provisions of this
Ordinance.
a) Minimum land disturbing activities such as house gardens, and individual
home landscaping, repairs, maintenance work and other related activities;
b) Agricultural practices involving the establishment, cultivation, or
harvesting of products of the field or orchard, preparing and planting of
pasture land, forestry land management practices including harvesting
(where stumps are not removed), farm ponds, dairy operations, livestock
and poultry management practices, and the construction of farm buildings;
c) Projects carried out under the technical supervision of the Soil
Conservation Service of the U.S. Department of Agriculture;
d) Excavation below finished grade for basements and footings of a building,
retaining wall or other structure authorized by a valid building permit.
This shall not exempt any fill made with the material from such
excavation nor exempt any excavation having an unsupported height
greater than 5 feet after the completion of such structure;
e) Cemetery graves;
f) Approved refuse disposal sites controlled by other regulations;
g) Excavations for wells or tunnels or utilities;
h) Approved mining, quarrying, excavation, processing, stockpiling of rock,
sand, gravel, aggregate or clay where established and provided for by law,
provided such operations do not affect the lateral support or increase the
stress in or pressure upon any adjacent or contiguous property;
i) Exploratory excavations under the direction of soil engineers or
engineering geologists.
§ 7-3-43 PERMIT PROCEDURES
a) Except as exempted in § 7-3-42, no person shall do any excavation, filling,
or grading without first obtaining a grading permit from the Augusta
Planning & Development Department. A separate permit shall be required
for each site.
b) Where a new single family residential building is to be immediately
constructed or where a manufactured home is to be placed on a parcel, an
individual plot plan pursuant to the Soil Erosion and Sediment Control
Ordinance § 7-3-35 (b) (1) shall be provided and reviewed by the License
and Inspections Department before a building permit is issued for a single
family residential building or before a certificate of occupancy is issued
for a manufactured home.
c) To obtain a permit for a residential lot in an approved subdivision where
grading is to be conducted but a home is not to be immediately
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Item # 5
constructed, the applicant shall phone or visit the Augusta Planning &
Development Department to obtain a permit number. Information
required for each residential grading site shall be:
(1) Lot number, block number, subdivision name, tax parcel
number (if available) and street address or similar
description that will readily identify and locate the
proposed grading activity;
(2) Lot owner;
(3) Contractor performing the grading activity;
(4) Name, address and phone number of person making the
application;
(5) Estimated start and completion dates.
In all other areas, to obtain a permit for grading activities where no new
building construction (residential or commercial) is immediately
imminent; the applicant shall submit a Grading Plan per the requirements
of § 7-3-44 of this Code.
(d) A Site Plan will also be required for commercial development not
specifically exempted in § 7-3-42. The Augusta Planning &
Development Department shall review each application for a Site Plan
under this Ordinance, and determine whether said application is in conflict
with other Ordinances of the Augusta-Richmond County Code, such as
those relative to Zoning, Subdivision of Land, Soil Erosion and Floodplain
Management. Unless exempted elsewhere in this Ordinance, a Grading
Plan will be required.
(e) Site activity involving land disturbance greater than 1.1 acre shall also be
required to submit a Soil Erosion Sediment Control Plan per the
provisions of § 7-3-31 et seq. of the Augusta-Richmond County Code.
(f) A Site Plan/Grading Plan/Soil Erosion Plan will be reviewed by the
appropriate reviewing agencies for compliance with Augusta-Richmond
County code and a grading permit will be issued upon approval from said
reviewing agencies.
§ 7-3-44 GRADIG PLA REQUIREMETS
(a) Grading Plans shall be drawn to scale no smaller than one inch equals 100
feet. Where large sites are being planned, they may be drawn on one or
more sheets. No drawing shall exceed 36 inches by 48 inches in size.
(b) The following information shall be included on each Grading Plan:
(1) Name of development
(2) Owner (name, address, and telephone number)
(3) Developer (name, address, and telephone number)
(4) Date plan drawn, and revision dates as applicable
(5) Seal and signature of a registered engineer
Attachment number 10
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(6) North arrow with reference
(7) Scale (no less than 1” = 100’)
(8) Tax parcel number
(9) Zoning classification
(10) Use and zoning of all adjacent parcels with owner(s) name(s)
(11) Existing and proposed elevations referenced to mean sea level,
with a contour interval of 2 feet, accurate to one-half contour to
indicate surface drainage patterns
(12) Source of datum (benchmark used: GS benchmark, if available),
and location of BM or TBM at the site.
(13) Existing pavement width and right-of-way width of any existing
streets adjacent to the development and distances to nearest
intersection
(14) Acreage of property to be developed
(15) Location sketch (scale no less than 1” = 2000’)
(16) Heavy outline of 100 year flood plain and note thereof. Any
disturbances within flood plain limits must comply with the City
Flood Ordinance. If the property is not in a 100 year flood plain
then write a note stating that.
§ 7-3-45 PLACARD
(a) No placard is required for residential lots in an approved subdivision;
however a permit number is required per the phone-in procedures listed
elsewhere in this Ordinance.
(b) When a Site Plan application is approved pursuant to this Ordinance, a
placard shall be presented to the applicant illustrating the permit number,
name of the applicant and the location and description of the permitted
activity. Such placard shall be provided free of charge and shall be placed
on the site in a conspicuous place visible from nearby streets or roads
before work commences.
§ 7-3-46 ISPECTIO AD REVOCATIO
The City Engineer shall be responsible for inspecting or requiring inspection of
work being performed under the requirements of this Ordinance. Permits issued under
the provisions of this Ordinance may be suspended, revoked or modified upon a finding
that the activity of the holder is not consistent with information provided in his permit
application.
§ 7-3-47 EFORCEMET
Attachment number 10
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Item # 5
It shall be the duty of the City Engineer to enforce the provisions of this
Ordinance -within Augusta, Georgia. This enforcement shall be in the manner and form
with the powers provided in the Laws of the State and in the Augusta-Richmond County
Code. Violations of the provisions of this Ordinance shall be called to the attention of the
County Attorney, who shall immediately institute injunctions, abatement, or any other
appropriate actin to prevent, enjoin, abate, or remove such violations. Any property
owner who may be damaged by any violation of this Ordinance may also institute such
action. Any person or corporation, whether as principal, agent, employee, or otherwise,
who violates any provision of this Ordinance shall be guilty of an offense and upon
conviction shall be punished as provided in Augusta-Richmond Code § 1-6-1.
§ 7-3-48 LICESE REQUIRED
Contractors or builders conducting excavation, grading, and filling projects in
August, Georgia that are not exempted under the provisions of this Ordinance shall
comply with § 2-1-1 et seq. of the Augusta-Richmond County Code.
§ 7-3-49 COFLICT WITH OTHER LAWS
No provision of this Ordinance shall authorize any person to violate, or to pollute
any waters of the State of Georgia as defined by any provisions of the “Water Quality
Control Act” (Georgia Laws, 1964, p. 416), as now or hereafter amended, or the rules and
regulations promulgated and approved thereunder nor shall this Ordinance release any
person from legal obligations embodied in any other Federal, State or Local laws or
ordinances.
§ 7-3-50 APPEAL PROCEDURE
Any person aggrieved by a decision or order of the issuing authority to the
requirements of this Ordinance shall first present the grievance to the issuing authority
for a hearing within thirty (30) days of the decision or order and lacking a satisfactory
settlement shall then have the right to appeal de novo to the Superior Court of Richmond
County. Appeals to Superior Court must be filed within thirty (30) days of the date of the
decision of the issuing authority; and upon failure to file said appeal within thirty (30)
days, the decision of the issuing authority shall be final.
§ 7-3-51 SEVERABILITY
Any clause or provision of this Ordinance declared invalid shall not affect the
validity of the Ordinance as a whole or any part thereof.
SECTION 2. This ordinance shall become effective upon adoption.
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SECTION 3. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Duly adopted by the Augusta Commission this __________day of
_______________, 20____ .
Attachment number 10
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Item # 5
WATER SUPPLY WATERSHED PROTECTIO
ORDIACE
FOR
AUGUSTA, GEORGIA
Development Document #13
Augusta, Georgia
Updated July 2011
Attachment number 11
Page 1 of 5
Item # 5
CHAPTER 7
WATER SUPPLY WATERSHED PROTECTION ORDINANCE
§ 8-7-1. AUTHORITY.
The Augusta Commission was authorized by the Home Rule Provision of the
constitution of the State of Georgia of 1983 to: establish planning commissions; provide
for the preparation and amendment of overall plans for the orderly growth and
development of municipalities and counties; provide for the regulations of structures on
mapped streets, public building sites, and public open spaces; repeal conflicting laws; and
for other purposes. The Augusta Planning and Development Department, created and
organized under the terms of the aforementioned Home Rule Provision, has made a study
and analysis of the provisions of O.C.G.A. §12-2-8 and Chapter 391-3-16, Rules for
Environmental Planning Criteria, Georgia Department of natural Resources,
environmental Planning Division, and determined that this Water Supply Watershed
Protection Ordinance conforms to the minimum requirements.
§ 8-7-2. PURPOSE.
In order to provide for the health, safety, and welfare of the public and a healthy
economic climate within Augusta-Richmond County, it is essential that the quality of
public drinking water be assured. The ability of natural systems to filter stormwater
runoff can be threatened by unrestricted urban and suburban development. Land
disturbing activities associated with development can increase erosion and sedimentation
tht threatens the storage capacity of reservoirs. In addition, stormwater runoff,
particularly from impervious surfaces, can introduce toxicants, nutrients, and sediment
Attachment number 11
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into drinking water supplies, making water treatment more complicated, expensive and
rendering water resources unusable. Industrial land uses that involve the manufacture,
use, transport and storage of hazardous or toxic waste materials result in the potential risk
of contamination of nearby public drinking water supplies.
The purpose of the water supply watershed protection district regulation is to
establish measures to protect the quality and quantity of the present and future water
supply for the city of Augusta, Georgia; to minimize the transport of pollutants and
sediments to water supplies; and maintain the yield of the water supply watersheds.
§ 8-7-3. TITLE
This Ordinance shall be known as the Water Supply Watershed Protection
Ordinance of Augusta, Georgia.
§ 8-7-4. DISTRICT DELIEATIO.
The protected water supply watershed district is hereby designated and shall
comprise the land that drains to Augusta, Georgia's public water supply intake as follows:
(a) Savannah River Watershed - The Savannah River Water Supply
Watershed District is hereby designated and shall comprise the land that drains to
Augusta, Georgia's water supply intake. The boundary of the district is defined by the
ridge line of the Savannah River watershed and the boundary of a radius seven (7) miles
upstream of the public water supply intake on the Augusta Canal. This district shall be
further delineated and defined on the Water Supply Watershed Protection District
Overlay Map of the Official Zoning Map of Augusta-Richmond County, which is hereby
incorporated and made a part of this ordinance by reference.
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(b) Each parcel of land within the Watershed Protection District shall be
subject to the provisions, regulations, and restrictions of both the Watershed Protection
District Ordinance and the underlying zoning district(s), as delineated in the
Comprehensive Zoning Ordinance for Augusta, Georgia. In the event of a conflict or
discrepancy between the requirements of the Watershed Protection District Ordinance
and the Comprehensive Zoning Ordinance, the more stringent shall apply.
(c) Savannah River Watershed - Permitted Uses and Conditions. All uses
allowed in the underlying zoning districts are permitted in the Savannah River Water
Supply Watershed Protection District, subject to the following limitation as to Hazardous
Materials Handlers: New facilities, located within a seven (7) mile radius upstream of
Augusta, Georgia's public water intake on the Augusta Canal, which handle hazardous
materials of the types and amounts determined by the Georgia Department of Natural
Resources (DNR), shall perform their operations on impermeable surfaces having spill
and leak collection systems as prescribed by DNR.
§ 8-7-5. SITE PLA REQUIREMETS.
All applications for a development permit within the Watershed Protection
District shall be required to have a site plan submitted and approved by the Augusta
Planning and Development Department before any building permits may be approved or
any land disturbing activity may take place. Each site plan submitted shall include all of
the information in Article III, Sections 300-303 of the Site Plan Regulations for Augusta,
Georgia. In addition, any hazardous materials handler shall provide location and detailed
designed of any spill and leak collection systems designed for the purpose of containing
accidentally released hazardous waste.
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(a) Approval Process - The approval process for a site plan submitted in
accordance with this ordinance shall be the same as the procedures specified in Article II
of the Site Plan Regulations for Augusta, Georgia.
(b) Hardships and Variances - Variances to decisions on permit applications
shall be handled in the manner specified by Article IV, Section 400 of the Site Plan
Regulations for Augusta, Georgia.
(c) Activity Compliance - All development activities or site work conducted
after approval of the site plan shall conform with the specifications of said site plan.
Section 2. This ordinance shall become effective upon adoption.
Section 3. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed.
Duly adopted this _____ day of ________ and this____ day of _________
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CHAPTER 4
HISTORIC PRESERVATIO
ARTICLE 1
I GEERAL
§ 7-4-1. PURPOSE.
The historical, cultural and architectural heritage of Augusta-Richmond County is
among its most valued and important assets and the preservation of this heritage is
essential to the promotion of the health, prosperity and general welfare of the people.
Therefore, in order to stimulate revitalization of the business districts and historic
neighborhoods of Augusta-Richmond County, and to protect and enhance local historical,
cultural, and architectural attraction to tourists and thereby promote and stimulate
business; in order to enhance the opportunities for federal or state tax benefits under
relevant provisions of federal or state law; and in order to provide for the designation,
protection, preservation and rehabilitation of historic properties and historic districts and
to participate in federal or state programs to do the same; in order to promote the reuse
and recycling of existing building stock in Augusta-Richmond County and thereby
conserve increasingly scarce landfill space and valuable natural resources.
The Augusta-Richmond County Commission hereby declares it to be the purpose
and intent of this Chapter to establish a uniform procedure for the protection,
enhancement, and perpetuation of places, districts, buildings, structures, objects,
landscape features and works of art having a historical, cultural or architectural interest or
value.
§ 7-4-2. DEFIITIOS .
(a) Certificate of appropriateness. A document evidencing approval by the
Historic Preservation Commission of an application to make a material change in the
appearance of a designated historic property or of a property located within a designated
historic district.
(b) Exterior architectural features. The architectural style, general design and
general arrangement of the exterior of a building or other structure, including but not
limited to the kind or texture of the building material and the type and style of all
windows, doors, signs, roofing and other appurtenant architectural features, details or
elements relative to the foregoing.
(c) Exterior environmental features. All those aspects of the landscape or the
development of a site which affect the historical character of the property.
(d) Historic district. A geographically definable area designated by the
Commission as a historic district pursuant to the criteria established in § 7-4-13 of this
Chapter.
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(e) Historic property. An individual building, structure, site, object or work
of art, and may include the adjacent area necessary for the proper appreciation thereof,
designated by the Commission as a historic property pursuant to the criteria established in
§ 7-4-14 of this Chapter.
(f) Material change in appearance. A change that will affect the exterior
architectural or environmental features of any building, structure, site, object, landscape
feature or work of art within a historic property or within a historic district, such as:
(1) A reconstruction or alteration of the size, shape or facade of a
historic property, including relocation of any doors or windows or removal or alteration
of any architectural features, details or elements;
(2) Demolition or relocation of a historic structure;
(3) Commencement of excavation for construction purposes;
(4) A change in the location of advertising visible from the public
right-of-way;
(5) The erection, alteration, restoration or removal of any building or
other structure within a historic property or district, including walls, fences, steps and
pavements or other appurtenant features.
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ARTICLE 2
HISTORIC PRESERVATIO COMMISSIO
§ 7-4-3. CREATIO.
There is hereby created a commission whose title shall be The Augusta-Richmond
County Historic Preservation Commission, hereinafter referred to as Historic
Preservation Commission.
§ 7-4-4. MEMBERS--APPOITMET; QUALIFICATIOS; TE RMS AD
COMPESATIO .
(a) The Commission shall consist of ten (10) members (plus an additional two
members should the Richmond County Delegation choose to appoint two members) to be
appointed for four (4) year terms. All members shall be residents of Augusta-Richmond
County. Nominations shall be solicited from the Board of Trustees of Historic Augusta,
Inc. from at-large community recommendations.
(b) To the extent available, at least five (5) members shall be appointed from
among professionals in the disciplines of architecture, history, architectural history,
planning, archaeology, historic preservation or related disciplines. The remaining
members may be nonprofessionals, but must have demonstrated special interest,
experience or education in regional history, historic architecture or the preservation of
historic resources.
(c) Except as provided herein, members of the City of Augusta Historic
Preservation Commission and members of the Richmond County Historic Preservation
Commission who were serving on said commissions on January 1, 1997, all having had
their terms expire, shall serve until their successors are appointed and qualified. Two of
the existing members shall have their terms terminate on March 31, 1997.
(d) The following members of said Commissions shall continue to serve until
their successors are appointed by the Commissioner representing the respective District,
and qualified, and are to represent the districts as herein set forth, to wit:
District 1
District 2
District 3
District 4
District 5
District 6
District 7
District 8
District 9
District 10
(e) The successors to the members representing Districts 1, 3, 5, 7, and 9
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shall serve until April 1, 1998, or until their successors are appointed and qualified.
(f) The successors to the members representing Districts 2, 4, 6, 8, and 10
shall serve until April 1, 2000, or until their successors are appointed and qualified.
(g) Members of the Historic Preservation Commission appointed by the
Commissioner of the respective Districts to succeed those appointed in subsection (e) and
(f) hereof shall serve for terms of office of four (4) years and until their successors are
appointed and qualified.
(h) Should the Richmond County Legislative Delegation choose to appoint
two (2) members as provided in the Consolidation Act, such members shall serve for a
term of four (4) years and until their successors are appointed and qualified. In the event
the appointing authority of the Legislative Delegation is removed from the Consolidation
Act, this subsection shall automatically be repealed.
(i) All terms shall expire on March 31 of the applicable year, and new terms
shall begin on April 1 of the applicable year.
(j) Members shall not receive a salary, although they may be reimbursed for
expenses.
(k) Members who fail to attend three (3) consecutive Historic Preservation
Commission meetings will forfeit their seat upon the Commission. Commission By-
Laws may provide for the conditions of excused absence from Commission meetings.
(l) In the event that vacancies upon the Historic Preservation Commission for
any period of time remain unfilled, a Historic Preservation Commission consisting of six
(6) or more members may exercise all powers delegated to the Historic Preservation
Commission under this Chapter, until the vacancies are filled.
§ 7-4-5. STATEMET OF POWERS.
The Historic Preservation Commission shall be authorized to:
(a) Prepare and maintain an inventory of all property within Augusta-
Richmond County, Georgia, having the potential for designation as a historic property.
This inventory may be maintained in conjunction with Historic Augusta, Inc. or an
independent organization with similar purposes;
(b) Recommend to the Commission specific places, districts, sites, buildings,
structures, objects or works of art to be designated by ordinance as historic properties or
historic districts;
(c) Review applications for Certificates of Appropriateness, and grant or deny
same in accordance with the provisions of this Chapter;
(d) Recommend to the Commission that the designation of any place, district,
site, building, structure, object or work of art as a historic property or as a historic district
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be revoked or removed;
(e) Restore or preserve any historic properties owned by Augusta-Richmond
County, Georgia as authorized by Commission;
(f) Promote the acquisition of facade easements and conservation easements
by the Commission in accordance with the provisions of the Facade and Conservation
Easements Act of 1976, as amended (O.C.G.A. §§ 44-10-1 through 44-10-5);
(g) Conduct educational programs on historic properties located within
Augusta-Richmond County, Georgia and on general historic preservation activities;
(h) Make such investigations and studies of matters relating to historic
preservation, including consultation with historic preservation experts, as the
Commission or the Historic Preservation Commission itself may, from time to time,
deem necessary or appropriate for the purposes of this Chapter;
(i) Seek out local, state, federal and private funds for historic preservation,
and make recommendations to the Commission concerning the most appropriate uses of
any funds acquired;
(j) Submit to the Historic Preservation Section of the Department of Natural
Resources a list of historic properties or historic districts designated;
(k) Perform historic preservation activities as the official agency of the
Augusta-Richmond County historic preservation program.
(l) Employ and compensate persons, as authorized by Commission, to carry
out responsibilities of the Historic Preservation Commission;
(m) Elect from among its members, a member or members to carry out
responsibilities of the Commission;
(n) Receive donations, grants, funds or gifts of historic property and acquire
and sell historic properties on behalf of the Commission. In regard to such historic
property, the Commission shall not obligate the Historic Preservation Commission
without prior consent;
(o) Review the nomination of historic properties or historic districts to the
National Register of Historic Places and Georgia Register of Historic Places and make
comments upon such nominations to the Historic Preservation Section of the Department
of Natural Resources;
(p) Participate in private, state and federal historic preservation programs and
with the consent of the Commission enter into agreements to do the same;
(q) Advise the appropriate officials of the Augusta-Richmond County Fire
Department as to the utilization of alternative compliance concepts for historic properties
pursuant to O.C.G.A. §§ 8-2-200 through 8-2-222 and O.C.G.A. § 25-2-13 where these
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code sections have been made applicable to historic properties in Augusta-Richmond
County. Said advice will ensure that compliance with state and local fire prevention laws
is accomplished while maintaining the highest degree of historic integrity in affected
historic properties;
(r) Issue Citations for violations of this Chapter;
(s) Petition the appropriate court to enjoin actions in violation of this Chapter;
(t) Institute any other appropriate action to enforce compliance with the terms
of this Chapter;
(u) Exercise all other powers implicit or explicit in any other provision of this
Chapter.
§ 7-4-6. POWER TO ADOPT RULES AD STADARDS.
The Historic Preservation Commission shall adopt rules and standards for the
transaction of its business, for consideration of applications for designations and
certificates of Appropriateness, including, By-laws, membership provisions, and design
guidelines. The Historic Preservation Commission shall provide for the time and place of
regular meetings and a method for the calling of special meetings. The Historic
Preservation Commission shall select such officers as it deems appropriate from among
its members. The Chairman of the Historic Preservation Commission shall be entitled to
vote upon any issue, motion or resolution, as any other member. (Ord. # 5971, October
21, 1997)
§ 7-4-7. COFLICT OF ITEREST.
At any time the Historic Preservation Commission is to undertake any official
action which will affect a monetary or other vested interest of a member of the Historic
Preservation Commission, that member shall reveal the existence of that interest to the
Historic Preservation Commission at the next meeting thereof after the member becomes
aware of the conflict of interest and shall abstain from voting on that matter. The
ownership of property by a Historic Preservation Commission member within a proposed
historic district containing twenty-five or more separately-owned parcels of property shall
not be such an interest as to invoke the prohibitions of this Section.
At any time the Historic Preservation Commission reviews a project in which a
member of the Historic Preservation Commission has an ownership or other vested
interest, that member shall be forbidden, as a Commission member, from voting or
discussing the project, other than answering a direct question.
§ 7-4-8. HISTORIC PRESERVATIO COMMISSIO'S AUTHO RITY TO
RECEIVE FUDIG FROM VARIOUS SOURCES.
The Historic Preservation Commission shall have the authority to accept
donations and shall insure that these funds do not displace appropriated governmental
funds.
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§ 7-4-9. RECORDS OF HISTORIC PRESERVATIO COMMISS IO
MEETIGS.
A public record shall be kept of the Historic Preservation Commission's
resolutions, proceedings and actions. This public record may consist of an ordinary tape
recording or from time to time, at the discretion of the Commission, may be
supplemented by the use of a court reporter or such other written record as the
Commission may establish.
§ 7-4-10. ATTEDACE OF LAW EFORCEMET OFFICER A T
HISTORIC PRESERVATIO COMMISSIO MEETIGS.
An officer of the Richmond County Sheriff's Department shall be in attendance at
Historic Preservation Commission meetings, at the behest of the Commission, in order to
assure the orderliness of the proceedings.
§ 7-4-11. DUTIES OF COMPTROLLER.
The Augusta-Richmond County comptroller shall provide the Historic
Preservation Commission with the necessary tax information to facilitate the purposes of
this Chapter and shall see that this information is kept current.
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ARTICLE 3
RECOMMEDATIO AD DESIGATIO OF
HISTORIC DISTRICTS AD PROPERTIES
§ 7-4-12. PRELIMIARY RESEARCH BY COMMISSIO.
(a) The Historic Preservation Commission may compile and collect
information and conduct surveys of historic resources within Augusta-Richmond County.
(b) The Historic Preservation Commission may present to the Commission
recommendations for the designation of historic districts and properties.
(c) Prior to the Historic Preservation Commission's recommendation of a
historic district or historic property to the Commission for designation, the Historic
Preservation Commission shall prepare a report consisting of:
(1) a physical description;
(2) a statement of the historical, cultural, and/or architectural
significance of the proposed historic district or historic property, except that such
statement of significance will not be required in the case of a historic property or district
already listed upon the National Register of Historic Places, or upon the Georgia Register
of Historic Places;
(3) a map showing the proposed historic district boundaries and the
classification (i.e. contributing/historic, contributing/non-historic, noncontributing) of
individual properties therein, or a map showing the boundaries of the proposed historic
property;
(4) a statement justifying historic district or individual historic
property boundaries, except that such statement in justification will not be required if
such proposed boundaries are the same as those embraced within the listing of the district
or property upon the National Register of Historic Places or Georgia Register of Historic
Places; and
(5) representative photographs. (Ord. 5927, May 19, 1997)
§ 7-4-13. DESIGATIO OF A HISTORIC DISTRICT.
(a) Criteria for selection of historic districts. A historic district is a
geographically definable area which contains buildings, structures, sites, objects,
landscape features and works of art or a combination thereof, which:
(1) have special character or historic, cultural or architectural, value or
interest;
(2) represent one or more periods, styles or types of architecture
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typical of one or more eras in the history of Augusta-Richmond County or the state or
region;
(3) cause such area, by reason of such factors, to constitute a visibly
perceptible section of Augusta-Richmond County;
(4) a district, once listed upon the National Register of Historic Places
or upon the Georgia Register of Historic Places shall be presumed to possess the
necessary characteristics for designation as a historic district under this ordinance.
(b) Boundaries of a historic district. The boundaries of a historic district shall
be included in the separate ordinances designating such districts and shall be shown on
the official zoning map of Augusta-Richmond County, Georgia. Said boundaries, as
depicted on said map, shall constitute the official description of said historic districts for
the purposes of this Chapter and for the purposes of the separate ordinances designating
such districts.
In the event that the official zoning map of Augusta-Richmond County, Georgia
does not depict the area proposed for designation as a historic district, the Commission
may, in its discretion, identify such other map upon which to depict the boundaries of the
historic district. In this case the map so identified by the Commission shall constitute the
official description of said historic district for the purposes of this Chapter and for the
purposes of the separate ordinance designating such district.
(c) Evaluation of properties within historic districts. Individual properties
within historic districts shall be classified as:
(1) contributing/historic (contributes to the district in terms of design,
historical association, and/or setting);
(2) contributing/non-historic (a property less than fifty years old which
compliments and does not detract from the overall character of the district in terms of
design, historical association, and/or setting);
(3) non-contributing (a property which detracts from the district in
terms of design, style, building type, historical association, and/or setting). (Ord. 5927,
May 19, 1997)
§ 7-4-14. DESIGATIO OF A HISTORIC PROPERTY.
(a) Criteria for selection of historic properties. A historic property is a
building, structure, site, object or work of art which may include the adjacent area
necessary for the proper appreciation or use thereof, deemed worthy of preservation for
reason of value to Augusta-Richmond County, the State of Georgia, or this Geographical
region, for one of the following reasons:
(1) it is an outstanding example of a structure representative of its era;
(2) it is one of the few remaining examples of past architectural style;
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(3) it is a place or structure associated with an event or person of
historic or cultural significance to Augusta-Richmond County, Georgia, or to the state,
region or nation;
(4) it is a site of natural or aesthetic interest that is continuing to
contribute to the cultural or historical development and heritage of Augusta-Richmond
County, Georgia, or of the state, region or nation;
(5) a property, once listed upon the National Register of Historic
Places or upon the Georgia Register of Historic Places shall be presumed to possess the
necessary characteristics for designation as a historic property.
(b) Boundary description. A description of the boundaries shall be included
in the separate ordinances designating such properties and the boundaries shall be
depicted on the official Zoning Map of Augusta-Richmond County, Georgia. Said
boundaries, as depicted on said map, shall constitute the official description of said
historic property for the purposes of this Chapter and for the purposes of the separate
ordinances designating such properties.
In the event that the official Zoning Map of Augusta-Richmond County, Georgia
does not depict the area proposed for designation as a historic property, the Commission
may, in its discretion, identify such other map upon which to depict the boundaries of the
historic property. In this case the map so identified by the Commission shall constitute
the official description of said historic property for the purposes of this Chapter and for
the purposes of the separate ordinance designating such property. (Ord. 5927, May 19,
1997)
§ 7-4-15. REQUIREMETS FOR ADOPTIG A ORDIACE FOR THE
DESIGATIO OF HISTORIC DISTRICTS AD HISTORIC
PROPERTIES.
(a) Application for designation of historic districts or historic property.
Designations may be proposed by the Commission, the Historic Preservation
Commission or:
(1) for historic districts - a preservation organization, historical
society, neighborhood association or group of property owners may apply to the
Commission for designation;
(2) for historic properties - a preservation organization, historical
society, neighborhood association or property owner may apply to the Commission for
designation.
(b) Required components of an ordinance. Any ordinance designating any
property or district as historic shall:
(1) describe the area encompassed within the proposed historic district
or describe the proposed individual historic property;
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(2) reference the name(s) of the owner(s) of the designated property or
properties as shown on the official Augusta-Richmond County tax records at the time of
the adoption of the ordinance. In the event that the official tax records, for whatever
reason, do not encompass the property or properties proposed for designation, the record
owner(s) of the property, as determined by a title investigation conducted to appropriate
legal standards under Georgia law, shall be referenced;
(3) require compliance with the provisions of this Chapter; and
(4) require that the property or district be shown on the official zoning
Map of Augusta-Richmond County, Georgia, or such other official map as identified by
the Commission pursuant to § 7-4-13 or 7-4-14 hereof.
(c) Required public hearing and notices. The Historic Preservation
Commission shall hold a public hearing on any proposed ordinance for the designation of
any historic district or property. Notice of the hearing shall be published in at least one
(1) issue of the official legal organ of Augusta-Richmond County and written notice of
the hearing shall be mailed by the Commission to all owners and occupants of such
properties that are affected. This notice: (i) shall contain the time and place for the
hearing, (ii) shall reference this Chapter, (iii) shall describe the fact that the establishment
of a historic district or historic property pursuant to this Chapter has been proposed, and
(iv) shall generally describe the area encompassed by the historic district or historic
property proposed. All such notices shall be published or mailed not less than fifteen
(15) days nor more than forty-five (45) days prior to the date set for the public hearing.
A notice sent via the United States mail to the last owner of record of the property shown
on the official Augusta-Richmond County tax records or record owner of the property,
and a notice sent via United States mail to the address of the property to the attention of
the occupant shall constitute legal notification to the owner and occupant under this
Chapter.
(d) Recommendations on proposed designations. A recommendation to
adopt, to adopt in modified form, or to reject the proposed ordinance shall be made by the
Commission within fifteen (15) days following the public hearing and shall be in the
form of a resolution to the Commission.
(e) Commission action on Commission recommendation. Following receipt
of the Historic Preservation Commission's recommendation, the Commission may adopt
the ordinance as proposed, reject the ordinance, or, after consultation with the
Commission, may adopt the ordinance with any modifications it deems necessary.
(f) Notification of the State Historic Preservation Section. Prior to making a
recommendation on any ordinance designating a property or district as historic, the
Historic Preservation Commission may transmit the report required at § 7-4-12 of this
Code to the Historic Preservation Section of the Georgia Department of Natural
Resources.
(g) Notification of adoption of ordinance for designation. Within thirty (30)
days following the adoption of the ordinance for designation by the Commission, the
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owners and occupants of each designated historic property, and the owners and occupants
of each structure, site or work of art located within a designated historic district, and all
building contractors licensed in Augusta-Richmond County, shall be given written
notification of such designation by the Commission, which notice shall apprise said
owners, occupants, and contractors of the necessity of compliance with this Chapter and
specifically, the necessity of obtaining a Certificate of Appropriateness prior to
undertaking any material change in appearance of the historic property designated or
within the historic district designated. A notice sent via United States Mail to the last
known owner of the property shown on the official Augusta-Richmond County tax
records and, where different from the address of such record tax owner, a notice sent via
United states Mail to the address of the property to the attention of the occupant shall
constitute legal notification to the owner and occupant under this Chapter. Building
contractors, licensed in Augusta-Richmond County shall similarly be notified as
aforesaid, but failure of such building contractor to be sent such notice shall in no way
affect the validity of an ordinance for designation.
(h) Notification of other agencies regarding designation. The Historic
Preservation Commission shall notify all affected agencies within Augusta-Richmond
County of the ordinance for designation, as well as the local neighborhood, historical and
preservation organizations. Failure of such agencies or organizations to receive such
notification shall in no way affect the validity of such ordinance for designation.
(i) Moratorium on applications for alteration or demolition while ordinance
for designation is pending. If the procedure for the designation of an historic district or
historic property has been initiated as provided for in this Section, the Commission shall
have the power to recommend to the Building Inspector a moratoria on the issuance of
building permits and demolition permits involving the property or properties proposed for
designation.
(j) Authority to rescind designation. The Commission has the authority to
rescind the ordinance designating a historic district or historic property following receipt
of a recommendation from the Commission, provided that a public hearing has been held
by the Historic Preservation Commission, prior to the Commission's recommendation,
providing the opportunity for public comment. Notification for such public hearing shall
be the same as provided for in § 7-4-15 hereof. (Ord. 5927, May 19, 1997)
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ARTICLE 4
APPLICATIO TO PRESERVATIO COMMISSIO
FOR CERTIFICATE OF APPROPRIATEESS
§ 7-4-16. APPROVAL OF ALTERATIOS OR EW COSTRUC TIO I
HISTORIC DISTRICTS OR IVOLVIG HISTORIC
PROPERTIES.
After the designation by ordinance of a historic property or of a historic district,
no material change in the exterior appearance of a structure, site, object or work of art
within such historic property or property within such historic district, shall be made or be
permitted to be made unless or until the application for a Certificate of Appropriateness
has been submitted to and approved by the Historic Preservation Commission.
§ 7-4-17. APPROVAL OF EW COSTRUCTIO WITHI DESIGATED
DISTRICTS.
The Historic Preservation Commission shall issue Certificates of Appropriateness
for new structures constructed within designated historic districts or upon the grounds of
a designated historic property if these structures conform in design, scale, building
materials, setback and landscaping to the character of the historic district or property or
as specified in the design criteria once developed or adopted by the Commission.
§ 7-4-18. GUIDELIES AD CRITERIA FOR CERTIFICATE S OF
APPROPRIATEESS.
When considering applications for Certificates of Appropriateness impacting
existing buildings, the Secretary of the Interior's Standards for Historic Preservation
Projects including the Secretary's Standards for Rehabilitation, as revised as of the date of
application for a Certificate of Appropriateness, shall be used as a criteria for design
review along with any other standards or design review guidelines once developed or
adopted by the Commission for use in reference to specific historic districts or historic
properties. When dealing with difficult technical questions, the Historic Preservation
Commission shall have the power to seek technical advice from outside its membership
on any application, within approved budgetary limitations.
§ 7-4-19. ISSUACE OF BUILDIG AD DEMOLITIO PER MITS.
Building Permits And Demolition Permits must not be issued until the issuing
official has examined the official Historic District and Historic Property Map to see if the
property is affected by historic designation. If the property is so affected, the issuing
authority must direct the applicant to the Commission to apply for a Certificate of
Appropriateness. The subsequent issuance of a Building Permit or Demolition Permit
shall be contingent upon the obtention of a Certificate of Appropriateness for the
proposed change.
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§ 7-4-20. SUBMISSIO OF PLAS TO COMMISSIO.
An application for a Certificate of Appropriateness shall be accompanied by such
drawings, photographs, plans or other documentation as may be required by the Historic
Preservation Commission. Applications involving demolition or post-relocation shall be
accompanied by post-demolition or relocation plans for the site. The Historic
Preservation Commission shall not require that the plans and specifications be prepared
by professionals, but only that such documentation be prepared in such a way as to be
easily understood by the Commission members.
§ 7-4-21. ACCEPTABLE COMMISSIO REACTIO TO APPLI CATIOS
FOR CERTIFICATES OF APPROPRIATEESS.
(a) The Historic Preservation Commission shall approve the application and
issue a Certificate of Appropriateness if it finds that the proposed material change(s) in
appearance would not have a substantial adverse effect on the historic or architectural
significance, integrity, and value of the historic property or property within a historic
district. In making this determination, the Historic Preservation Commission shall
consider the factors described in §§ 7-4-17 and 7-4-18 above, the historical and
architectural value and significance, architectural style, general design arrangement,
texture and material of the architectural features involved and the relationship thereof to
the exterior architectural style, and pertinent features of the other structures in the
immediate neighborhood.
(b) The Historic Preservation Commission shall deny a certificate of
Appropriateness if it finds that the proposed material change(s) in appearance would have
substantial adverse effects on the historical or architectural significance, integrity and
value of the historic property or property within the historic district, based upon those
same factors as described in § 7-4-21 (a) above.
§ 7-4-22. HEARIGS O APPLICATIOS FOR CERTIFICAT ES OF
APPROPRIATEESS, OTICES, AD RIGHT TO BE HEARD.
At least fifteen (15) days and no more than forty-five (45) days prior to the review
of a Certificate of Appropriateness, the Commission shall take action as follows to inform
interested parties, and shall give the applicant and interested parties an opportunity to be
heard at the Historic Preservation Commission meeting where the request for a
Certificate of Appropriateness is to be considered:
(a) The Historic Preservation Commission shall cause a sign to be posted
upon the parcel of property subject of the application at least fifteen (15) days before the
meeting of the Historic Preservation Commission where the application is to be
considered, said sign to remain in place substantially until the time of said meeting. Said
sign shall state:
(1) the fact that an application for a Certificate of Appropriateness
pursuant to the Historic Preservation ordinance has been filed for the posted property;
(2) the name of the applicant; and
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(3) the time and place of the Historic Preservation Commission
meeting
where the application is to be considered. The sign may contain such other information
as the Historic Preservation Commission may deem appropriate. The overall design and
size of such sign shall be of such character as to be likely to attract the eye of passersby.
(b) At its discretion, the Historic Preservation Commission may, in its bylaws,
or on a case by case basis, undertake to provide such other notice as it deems appropriate.
§ 7-4-23. ITERIOR ALTERATIOS.
In review of applications for Certificates of Appropriateness, the Historic
Preservation Commission shall not consider interior arrangement, use or decoration,
having no effect on exterior architectural features, whether or not visible from the
exterior of the structure.
§ 7-4-24. TECHICAL ADVICE.
When dealing with difficult technical questions, the Historic Preservation
Commission shall have the power to seek technical advice from outside its members on
any application and within approved budgetary limitations.
§ 7-4-25. DEADLIE FOR APPROVAL OR REJECTIO OF
APPLICATIO FOR CERTIFICATE OF APPROPRIATEESS.
(a) The Commission shall approve or reject an application for a Certificate of
Appropriateness within forty-five (45) days after the filing thereof by the owner or
occupant of a historic property or structure, site, object or work of art located within a
historic district. Evidence of approval shall be by a Certificate of Appropriateness issued
by the commission. Notice of the issuance or denial of A Certificate of Appropriateness
shall be rent via United States Mail to the applicant.
(b) Failure of the Historic Preservation Commission to act within said forty-
five (45) days shall constitute approval, and no other evidence of approval shall be
needed.
§ 7-4-26. ECESSARY ACTIOS TO BE TAKE BY COMMIS SIO UPO
REJECTIO OF APPLICATIO FOR CERTIFICATE OF
PPROPRIATEESS.
(a) In the event the Historic Preservation Commission rejects an application
for a Certificate of Appropriateness, it shall state its reasons for doing so, and shall
transmit a record of such actions and reasons in writing to the applicant. The Historic
Preservation Commission may suggest alternatives it believes would ensure approval if it
disapproves of the application as submitted. The applicant, if he or she so desires, may
make modifications to the plans and, after making such modifications, may re-submit the
application at any time after doing so. Rejected applications, unless modified in a good
faith effort to comply with the provisions of this Chapter and the findings of the Historic
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Preservation Commission, may not be re-submitted for one (1) year following rejection.
(b) In cases where the application for a Certificate of Appropriateness
concerns a proposed change in a structure which would require the obtention of a
building permit, the rejection of the application for a Certificate of Appropriateness by
the Historic Preservation Commission shall be binding upon the building inspector or
other administrative officer charged with issuing building permits and, in such a case, no
building permit shall be issued.
§ 7-4-27. UDUE HARDSHIP.
Where, by reason of unusual circumstances, the strict application of any provision
of this Chapter would result in exceptional practical difficulty or undue economic
hardship upon any owner of a specific property, the Historic Preservation Commission, in
passing upon applications, shall have the power to vary or modify strict adherence to said
provisions, or to interpret the meaning of said provisions, so as to relieve such difficulty
or hardship; provided such variances, modifications or interpretations shall remain in
harmony with the general purpose and intent of said provisions so that the architectural or
historical integrity, or character of the property, shall be conserved and substantial justice
done. In granting variances, the Commission may impose such reasonable and additional
stipulations and conditions as will, in its judgment, best fulfill the purpose of this
Chapter. An undue hardship shall not be a situation of the person's own making.
§ 7-4-28. REQUIREMET OF COFORMACE WITH CERTIFI CATE OF
APPROPRIATEESS.
(a) All work performed pursuant to an issued Certificate of Appropriateness
shall conform to the requirements of such certificate. In the event work is performed not
in accordance with such certificate, such work will constitute a violation of this Chapter
and the Historic Preservation Commission shall issue a cease and desist order and all
work shall cease.
(b) Where this ordinance would require the obtention of a Certificate of
Appropriateness and work upon a structure is undertaken without a Certificate of
Appropriateness having been obtained, such work will constitute a violation of this
Chapter and the Historic Preservation Commission shall issue a cease and desist order
and all work shall cease.
(c) Work which constitutes a violation of § 7-4-28 (a) or (b) above or the
failure to obey a cease and desist order issued pursuant to this Chapter shall constitute a
separate and continuing violation of this Chapter.
(d) The Commission or the Historic Preservation Commission shall be
authorized to institute any appropriate action or proceeding in any court of competent
jurisdiction to prevent any material change in the appearance of a designated historic
property or property within a historic district, not made in compliance with the provisions
of this Chapter or to prevent any illegal act or conduct with respect to such historic
property or historic district.
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(e) The Commission, including its various departments, authorities,
commissions, committees and boards, shall be bound by the requirements of this article.
§ 7-4-29. CERTIFICATE OF APPROPRIATEESS VOID IF WORK OT
COMMECED.
A Certificate of Appropriateness shall become void unless work is commenced
within six (6) months of the date of issuance. Certificates of Appropriateness shall be
issued for a period of eighteen (18) months and are renewable.
§ 7-4-30. RECORDIG OF APPLICATIOS FOR CERTIFICAT E OF
APPROPRIATEESS.
The Commission shall keep a public record of all applications for Certificates of
Appropriateness, and of all the Commission's proceedings in connection with said
applications in the fashion provided at § 7-4-22 above.
§ 7-4-31. FEE TO ACCOMPAY A APPLICATIO FOR A
CERTIFICATE OF APPROPRIATEESS.
The Commission, in its by-laws, may require a reasonable fee to accompany an
application for a Certificate of Appropriateness.
§ 7-4-32. APPEALS.
(a) Any person affected by any determination made by the Historic
Preservation Commission relative to the issuance or denial of a Certificate of
Appropriateness may appeal such determination to the Commission. Any such appeal
must be filed in writing with the Clerk of Commission within thirty (30) days after the
issuance of the determination pursuant to § 7-5-25 (a) of this Chapter. The dates in this
subsection are determined from the date of the posting of said notice in the United States
Mail.
(b) In the case of a failure of the Historic Preservation Commission to act,
within fifteen (15) days of the expiration of the forty-five (45) day period allowed for
Historic Preservation Commission action pursuant to § 7-5-25 (b) of this Chapter. The
Commission may affirm the determination made by the Historic Preservation
Commission, said application shall be deemed approved pursuant to § 7-4-25 (b) of this
Chapter.
(c) After timely filing of an appeal to the Augusta Commission and prior to
any assignment of the appeal for hearing on any agenda of the Augusta Commission, the
appealing party shall submit the case to mediation.
(d) The mediator shall be a person chosen by the agreement of the appealing
party and the Historic Preservation Commission. In the event the
appealing party and the Historic Preservation Commission cannot agree upon the
appointment of a mediator, the mediator shall be the Executive Director of the Augusta
Planning & Development Department or his/her designee.
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(e) Any fee charged by the mediator for professional mediation services shall
be paid by the appealing party prior to the commencement of the
mediator.
(f) If the mediation is not scheduled and heard within ninety (90) days of the
filing of the appeal, the decision of the Historic Preservation shall be affirmed without
further hearing by the Augusta Commission.
(g) The Augusta Commission may affirm the determination made by the
Historic Preservation Commission, or if the Augusta Commission finds that the Historic
Preservation Commission abused its discretion in reaching its decision, the Augusta
Commission may modify or reverse the determination made by the Historic Preservation
Commission. Appeals from decisions of the Augusta Commission may be taken to the
Superior Court of Richmond County, Georgia in the manner provided by law.
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ARTICLE 5
DEMOLITIO OR RELOCATIO OF A HISTORIC PROPERTY OR
PROPERTIES WITHI A HISTORIC DISTRICT
§ 7-4-33. APPLICATIOS FOR CERTIFICATES OF APPROPR IATEESS
FOR DEMOLITIO OR RELOCATIO.
The Historic Preservation Commission shall have the authority to approve,
approve with conditions, or deny Certificates of Appropriateness for demolition or
relocation. The proposed demolition or relocation of all or any portion of a historic
property or property within a historic district shall require the obtention of a Certificate of
Appropriateness for demolition or relocation.
§ 7-4-34. PUBLIC HEARIG.
A public hearing shall be scheduled for each application for a Certificate of
Appropriateness for demolition or relocation.
§ 7-4-35. OTICE OF PUBLIC HEARIG PURSUAT TO A
APPLICATIO FOR CERTIFICATE OF APPROPRIATEESS
FOR DEMOLITIO OR RELOCATIO.
Notice as provided for at § 7-4-22 above shall be provided in the context of an
application for a Certificate of Appropriateness for demolition or relocation, and, in
addition, notice of such public hearing containing the information as described at § 7-4-
22 above shall be published in at least one (1) issue of the official legal organ of Augusta-
Richmond County not less than five (5) nor more than thirty (30) days prior to the date
set for the public hearing.
§ 7-4-36. VIOLATIO.
The demolition or relocation of a historic property, or property within a historic
district without the obtention of a Certificate of Appropriateness shall constitute a
violation of this Chapter of a high and aggravated nature.
§ 7-4-37. COSIDERATIO OF POST-DEMOLITIO OR POST -
RELOCATIO PLAS.
The Historic Preservation Commission shall not grant Certificates of
Appropriateness for demolition or relocation without having first reviewed the post-
demolition or post-relocation plans for the site.
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§ 7-4-38. DEMOLITIO/RELOCATIO CRITERIA.
Upon receipt of an application for a Certificate of Appropriateness for demolition
or relocation, the Historic Preservation Commission shall apply the criteria described in §
7-4-18 of this Chapter to determine whether to grant or deny the application for a
Certificate of Appropriateness for demolition or relocation.
§ 7-4-39. FEE TO ACCOMPAY APPLICATIO FOR CERTIF ICATE OF
APPROPRIATEESS FOR DEMOLITIO OR RELOCATIO.
The Historic Preservation Commission, in its by-laws, may require a reasonable
fee to accompany an application for a Certificate of Appropriateness for demolition or
relocation.
§ 7-4-40. BIDIG UPO THE COMMISSIO.
The Commission, including its various departments, authorities, commissions,
committees and boards shall be bound by the requirements of this article.
§ 7-4-41 thru § 7-4-50 RESERVED.
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ARTICLE 6
MAITEACE OF HISTORIC PROPERTIES
AD BUILDIG AD ZOIG CODE PROVISIOS
§ 7-4-51. ORDIARY MAITEACE OR REPAIR.
Ordinary maintenance or repair of any exterior architectural or environmental
feature in or on a historic property or property within a historic district to correct
deterioration, decay or damage, or to sustain the existing form, that does not involve a
material change in design, materials or outer appearance thereof, does not require a
Certificate of Appropriateness, and may be undertaken once approved by the designated
staff person for the Commission without consultation with the Historic Preservation
Commission. Any person considering a change to a historic building that is believed to
constitute no more than ordinary maintenance or repair must consult the designated staff
person to assure that in fact such change constitutes merely ordinary maintenance and
repair. In the absence of the employment of a designated staff person, such approvals
may be made by a member or members of the Historic Preservation Commission duly
elected by the members of the Historic Preservation Commission. Ordinary maintenance
includes exterior painting and/or a change in exterior paint color, and does not require a
Certificate of Appropriateness or approval by the designated staff person.
§ 7-4-52. FAILURE TO PROVIDE ORDIARY MAITEACE OR
REPAIR.
Owners of historic properties or of properties within a historic district shall not
allow their buildings to deteriorate by failing to provide ordinary maintenance or repair.
The Commission shall be charged with the following responsibilities regarding such
deterioration by neglect:
(a) The Historic Preservation Commission shall have the authority to monitor
the condition of historic properties and properties within a historic district to determine if
they are being allowed to deteriorate by neglect. Such conditions as broken windows,
doors and openings which allow the elements and vermin to enter, the deterioration of
exterior architectural features, or the deterioration of a building’s structural system shall
constitute failure to provide ordinary maintenance or repair.
(b) In the event the Historic Preservation Commission determines that there
has been a failure to provide ordinary maintenance or repair, the Historic Preservation
Commission will notify the owner of the property and set forth the steps necessary to
comply with the provisions of this Section. The owner of such property will have ten
(10) days to apply for the appropriate Certificate of Appropriateness.
(c) In the event that a COA is not applied for within ten (10) days, as
referenced in (b) of this Code Section; the Historic Preservation Commission shall notify
the appropriate City Department of the situation.
AS AMEDED AUGUST 2010
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§ 7-4-53. AFFIRMATIO OF EXISTIG BUILDIG AD ZOI G
CODES.
Nothing in this Chapter shall be construed as to exempt property owners from
complying with existing building and zoning codes of Augusta-Richmond County.
§ 7-4-54 thru § 7-4-60. RESERVED.
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ARTICLE 7
MISCELLAEOUS PROVISIOS
§ 7-4-61. CERTIFIED LOCAL GOVERMET PROGRAM.
The Historic Preservation Commission shall at least annually monitor compliance
with all certified Local Government Program requirements and take or recommend such
steps as may be necessary to have Augusta-Richmond County qualify and remain
qualified as a certified Local Government pursuant to various state or federal government
requirements.
§ 7-4-62. SEVERABILITY.
In the event that any section, subsection, sentence, clause or phrase of this
Chapter shall be declared or adjudged invalid or unconstitutional, such declaration or
adjudication shall in no manner affect the other sections, sentences, clauses, or phrases of
this Chapter, which shall remain in full force and effect, as if the section, subsection,
sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not
originally a part thereof.
§ 7-4-63. AMEDMETS.
This Chapter may be amended by the Commission upon recommendation by the
Historic Preservation Commission. No amendment shall become effective unless such
recommendation shall be made by the Historic Preservation Commission, or until the
Historic Preservation Commission has had an opportunity to review the amendment upon
the direction of Commission and has made a recommendation concerning the proposed
amendment.
§ 7-4-64. TEMPORARY PROVISIO FOR HPA (HISTORIC
PRESERVATIO AREA) ZOES EXISTIG UDER PRIOR
LAW.
Notwithstanding any provision herein to the contrary, HPA (Historic Preservation
Area) Zones which existed as of December 31, 1995 pursuant to City of Augusta
ordinance no. 5648 shall continue to exist and enjoy the protection of such prior law,
until the redesignation of said HPA zones as historic districts or historic properties
pursuant to the provisions of this Chapter, but in no event shall the provisions of said
prior law continue in force beyond the effective date of this Chapter for any purpose.
Upon the adoption of this Chapter and the appointment and confirmation of a Historic
Preservation Commission pursuant to Article 2 above, said Commission shall succeed to
all the rights, powers, and duties of the Historic Preservation Commission created
pursuant to City of Augusta Ordinance No. 5648.
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STORMWATER MAAGEMET ORDIACE
AUGUSTA, GEORGIA
DEVELOPMENT DOCUMENT #5
AUGUSTA-RICHMOND COUNTY PLANNING COMMISSION
JUNE 1999
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TITLE 5
UTILITIES
CHAPTER 1
STORM WATER MAAGEMET
§ 5-1-1. GEERALLY.
This Chapter shall be known as the Storm Water Management Ordinance of
Augusta-Richmond County.
§ 5-1-2. FIDIGS.
(a) Uncontrolled storm water drainage/discharge may have a significant,
adverse impact on the health, safety, and welfare of the citizens of Augusta-Richmond
County. Surface water runoff can carry pollutants and nutrients into receiving waters.
(b) Uncontrolled storm water drainage can increase the incidence of flooding
and the level of floods which occur, endangering roads, other public and private property
and human life.
(c) Altered land surfaces can change the rate and volume of runoff.
(d) Adverse water quality and quantity consequences described above could
result in substantial economic losses. Potential losses include, but are not limited to,
increased water treatment costs, as well as state and federal fines associated with water
quality violations.
(e) Many future problems can be avoided through property storm water
management.
(f) Every parcel of real property, both public and private, either uses or
benefits from the maintenance of Augusta-Richmond County's storm water system.
(g) Current and anticipated growth will contribute to and increase the need for
improvement and maintenance of the storm water system.
§ 5-1-3. OBJECTIVE
The objectives of this chapter include the following:
(a) To protect, maintain, and enhance the public health, safety, and general
welfare. This objective will be achieved by providing for regulation and management of
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Augusta-Richmond County's storm water system, including public and private facilities
in Augusta-Richmond County.
(b) To comply with State Department of Natural Resources and Federal
Environmental protection Agency storm water regulations developed pursuant to the
Federal Clean Water Act. These requirements include:
(1) Control of the contribution of pollutants to the municipal storm
sewer system by storm water discharges associated with commercial and industrial
activity and the quality of storm water discharged from sites of commercial and industrial
activity;
(2) Prohibition of illicit connections to municipal separate storm
sewers;
(3) Control of discharge to municipal separate storm sewers of spills,
dumping or disposal of materials other than storm water; and
(4) Control, through intergovernmental agreements, of contribution of
pollutants from one municipal system to another.
§ 5-1-4 DEFIITIOS.
(a) For the purposes of this chapter, unless specifically defined below, words
or phrases shall be interpreted so as to give them the meaning they have in common
usage and to give this chapter its most effective application. Words in the singular shall
include the plural, and words in the plural shall include the singular. Words used in the
present tense shall include the future tense. The word shall connote mandatory and not
discretionary; the word may is permissive.
(b) Unless otherwise specified, or it is apparent from the context, definitions
herein will be the same as those in other Augusta-Richmond County Ordinances and as
used elsewhere this code.
(1) Accidental discharge. A discharge prohibited by this chapter into
the municipal storm sewer system which occurs by chance and without planning or
consideration prior to occurrence.
(2) Appeals authority. The Augusta-Richmond County Commission,
one of whose purpose is to review appeals to this chapter and render decisions and
variances.
(3) Best Management Practices (BMPs). A wide range of management
procedures, activities, and prohibitions on practices which control the quality and/or
quantity of storm water runoff and which are compatible with the planned land use.
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(4) Clean Water Act. The Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq.).
(5) Cooling water. Water used exclusively as a cooling medium in an
appliance, device or apparatus.
(6) Conveyance. Storm water features designed for the movement of
storm water through the drainage system, such as concrete or metal pipes, ditches,
depressions, or swales
(7) Department. The department of public works responsible for all
storm water management activities and implementation of the provisions of this chapter.
(8) Development means:
a. The division of a lot, tract or parcel of land into two (2) or
more lots, plots, sites, tracts, parcels or other divisions by plat or deed;
b. The construction, installation, or alteration of a structure,
impervious surface, or drainage facility;
c. Clearing, scraping, grubbing, or otherwise significantly
disturbing the soil, vegetation, mud, sand or rock or a site; or
d. Adding, removing, exposing, excavating, leveling, grading,
digging, burrowing, dumping, piling, dredging or otherwise disturbing the soil,
vegetation, mud, sand or rock of a site.
(9) Director. Either the director of department of public works or any
duly authorized representatives of the director.
(10) Easement. An acquired legal right for the specific use of land
owned by others.
(11) Governing body. The Augusta-Richmond County Commission.
(12) Illicit connection. A connection to a municipal separate storm
system which results in discharge that is not composed entirely of storm water runoff,
except discharges pursuant to a NPDES permit (other than the NPDES permit for
discharge from the municipal separate storm sewer).
(13) Maintenance. Any action necessary to preserve storm water
management facilities in proper working condition, in order to serve the intended
purposes set forth in this chapter and to prevent structural failure of such facilities.
(14) Municipal storm sewer system. A conveyance or system of
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conveyance or system of conveyances (including roads with drainage systems, highways,
rights-of-way, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, storm drains, detention ponds, other stormwater facilities) which is:
a. Owned or operated by Augusta-Richmond County;
b. Designed or used for collection or conveying stormwater;
c. Not a combined sewer; and,
d. Not a part of a Publicly Owned Treatment Works (POTW)
(15) National Pollutant Discharge Elimination System (NPDES). A
regulatory mechanism established by the U.S. Environmental Protection Agency pursuant
to the Water Quality Act and the Clean Water Act with permit application requirements
as set forth in 55FR47990 as implemented by the Georgia Environmental Protection
Division of the Department of Natural Resources in accordance with the State Water
Quality Control Act, O.C.G.A § 12-5-21.
(16) Person. Any and all persons, natural or artificial and includes any
individual, firm, corporation, government agency, business trust, estate trust, partnership,
association, two (2) or more persons having a joint or common interest, or any other legal
entity.
(17) Pollution. The contamination or other alteration of any water’s
physical, chemical or biological properties, including change in temperature, taste, color
turbidity, or odor of such waters or the discharge of any liquid, gaseous, solid,
radioactive, or other substance into any such waters as will or is likely to create a
nuisance or render such waters harmful, detrimental or injurious to the public health,
safety or welfare or to domestic, commercial, industrial, agricultural, recreational, or
other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic
life.
(18) Private. Property or facilities owned by individuals, corporations,
and other organizations and not by city, state, or federal government.
(19) Procedure. A procedure adopted by the utility, by and through the
director of public works, to implement a regulation or regulations adopted under this
chapter, or to carry out other responsibilities as may be required by the code or other
codes, ordinances or resolutions of Augusta-Richmond County.
(20) Regulation. Any regulation, rule or requirement prepared by the
department and adopted by Augusta-Richmond County pursuant to the requirements of
this chapter.
(21) Sanitary sewer system. The complete sanitary sewer system of the
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county which discharges sewage directly or indirectly into the sewage treatment plant,
including sanitary sewer pipelines, manholes and flushing inlets and appurtenances to the
foregoing, excluding sewage treatment facilities.
(22) Site. Any lot, plot, parcel or tract of land.
(23) Storm water management. The collection, conveyance, storage,
treatment and disposal of storm water runoff in a manner to meet the objectives of this
chapter and which shall include a system of vegetative or structural measures, or both,
that control the increased volume and rate of storm water runoff and water quality
impacts caused by manmade changes to the land.
(24) Storm water management facilities. Constructed or natural
components of a storm water drainage system, designed to perform a particular function,
or multiple functions, including, but not limited to, pipes, swales, ditches, culverts, street
gutters, detention basins, retention basins, constructed wetlands, infiltration devices,
catch basins, oil/water separators, sediment basins, natural systems and modular
pavements.
(25) Storm water runoff. The direct response of a land surface to
precipitation and includes the surface and subsurface runoff that enters a ditch, stream,
storm drain or other concentrated flow during and following the precipitation.
(26) Variance. The modification of the minimum storm water
management requirements for specific circumstances where strict adherence of the
requirements would result in unnecessary hardship and not fulfill the intent of this
chapter.
(27) Water quality. Those characteristics of storm water runoff that
relate to the physical, chemical, biological, or radiological integrity of water.
(28) Water quantity. Those characteristics of storm water runoff that
relate to the rate and volume of the storm water runoff.
§ 5-1-5. SCOPE OF RESPOSIBILITY .
(a) The provisions of this chapter shall apply throughout Augusta-Richmond
County.
(b) The director of the department of public works or designee shall be
responsible for the coordination and enforcement of the provisions of this chapter.
(c) The department of public works shall be responsible for the conservation,
management, maintenance, extension, and improvement of the Augusta-Richmond
County storm water system, including activities necessary to control storm water runoff
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and activities necessary to carry out storm water management programs included in
Augusta-Richmond County’s NPDES storm water permit.
(d) The application of this chapter and the provisions expressed herein shall
be the minimum storm water management requirements and shall not be deemed a
limitation or repeal of any other powers granted by State statute. In addition, if site
characteristics indicate that complying with these minimum requirements will not provide
adequate designs or protection for local property or residents, it is the designer’s
responsibility to exceed the minimum requirements as necessary.
§ 5-1-6. POWERS OF THE DEPARTMET OF PUBLIC WORKS .
(a) The department of public works shall have the power to administer and
enforce all regulations and procedures adopted to implement this chapter, including the
right to maintain an action or procedure in any court of competent jurisdiction to compel
compliance with or to restrain any violation of this chapter.
(b) The department of public works shall:
(1) Administer, coordinate and oversee acquisition, design,
construction, and operation and maintenance of municipal storm water facilities and
conveyances.
(2) Establish or oversee establishment of development standards and
guidelines for controlling storm water runoff
(3) Determine the manner in which storm water facilities should be
operated;
(4) Inspect private systems which discharge to the Richmond County’s
storm water system;
(5) Advise the Augusta-Richmond County Commission and other
Augusta-Richmond County departments on issues related to storm water;
(6) Protect facilities and properties controlled by the Department of
Public Works and prescribe how they are used by others;
(7) Require new, increased, or significantly changed storm water
contributions to comply with the terms of this chapter.
(8) Develop programs or procedures to control the discharge
of pollutants into the municipal storm sewer system; and
(9) Adopt and implement the storm water management program for
Augusta-Richmond County.
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§ 5-1-7 STORM WATER RUOFF QUATITY COTROLS .
(a) Water quantity controls will be provided as a part of all development
pursuant to the provisions of the Augusta-Richmond County Soil Erosion and Sediment
Control Ordinance, Zoning Ordinance, Water and Wastewater Disposal Ordinance and
Subdivision of Land Ordinance, and regulations adopted pursuant to those ordinance.
(b) Augusta-Richmond County may allow storm water runoff that otherwise
is of unacceptable quantity or which would be discharged in volumes or at rates in excess
of those otherwise allowed by its ordinances and regulations to be discharged into
drainage facilities off site of the development, provided the following conditions are met:
(1) It is not practicable to completely manage runoff on-site in a
manner that meets the design and performance standards found in the ordinances and
regulations.
(2) Off-site drainage facilities and channels leading to them are
designed, constructed and maintained in accordance with requirements of those
ordinances; and,
(3) Adequate provision is made for sharing of construction,
maintenance and operating costs of facilities.
§ 5-1-8 PROHIBITIO .
(a) It is unlawful for any person to throw, drain, run, or otherwise discharge to
any component of the municipal separate storm water system or to cause, permit or suffer
to be thrown, drained, run, or allow to seep or otherwise discharge into such system all
matter of any nature excepting only such storm or surface water as herein authorized.
(b) The director may require controls for or exempt from the prohibition
provision above the following, provided he/she determines they are not a significant
source of pollution:
(1) Unpolluted industrial cooling water, but only under the
authorization and direction of the director and appropriate NPDES permit. (Per State
requirements, the discharge should not raise the temperature of the receiving stream more
than five (5) degrees after the discharge has thoroughly mixed with receiving waters. In
secondary trout streams, there shall be no elevation in temperature exceeding two (2)
degrees above the natural stream temperature).
(2) Water line flushing performed by a government agency, diverted
stream flows, rising ground waters, and unpolluted ground water infiltration.
(3) Unpolluted pumped ground water.
Attachment number 13
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Item # 5
9
(4) Discharges from potable water sources, foundation drains, air
conditioning condensation, irrigation water springs, water from crawl space pumps,
footing drains, lawn watering, individual residential car washing, flows from riparian
habitats and wetlands, and street wash water.
(5) Discharges or flows from fire fighting.
(6) Other unpolluted water.
(c) In the event of an accidental discharge or an unavoidable loss to the
municipal storm sewer system of any material or substance other than storm water runoff,
the person concerned shall inform the department of public works within twenty-four
(24) hours of the nature, quantity and time of occurrence of the discharge. The person
concerned shall take immediate steps to contain the waster, treat the waste or other
actions to minimize affects of the discharge on the municipal system and receiving
streams. The person shall also take immediate steps to ensure no recurrence of the
discharge.
§ 5-1-9 ILLICIT COECTIOS
(a) It is unlawful for any person, to connect any pipe, open channel, or any
other conveyance system that discharges anything except storm water or unpolluted water
which is approved by the director, based on the exemptions listed in § 5-1-8(b), to
Augusta-Richmond County’s storm water system.
(b) Improper connections in violation of the Code must be disconnected and
redirected, if necessary, to the Augusta-Richmond County sanitary sewer system upon
approval by the director of the water and sewer department.
§ 5-1-10 MAITEACE AD ISPECTIO.
(a) Any storm water management facility of BMP which services a single lot
or commercial and industrial development shall be privately owned and maintained. The
owner shall maintain a perpetual, nonexclusive easement which allows for access for
maintenance.
(b) All other storm water management control facilities and BMPs shall be
publicly owned and/or maintained only if accepted for maintenance by Augusta-
Richmond County.
(c) The director may require dedication of privately owned storm water
facilities which discharge to the storm water system to Augusta-Richmond County.
(d) The department of public works director shall determine inspection
schedules necessary to enforce the provisions of this chapter.
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Item # 5
10
(e) The director or designee, bearing proper credentials and identification
shall be permitted to enter, without hindrance, all properties for regular inspections.
periodic investigations, observation, measurement, enforcement, sampling and testing, in
accordance with provisions of this chapter. The director or designee shall duly notify the
owner of said property or the representative on site, except in the case of an emergency.
(f) The director or designated employee of the department of public works,
bearing proper credentials and identification, shall be permitted to enter, without
hindrance, all properties for which Augusta-Richmond County holds a negotiated
easement for repairs, maintenance and other purposes related to any portion of the storm
water management facilities lying within said easement. The director or designee shall
duly notify the owner of said property or the representative on site, except in the case of
an emergency.
(g) Measurements, tests and analyses performed by the department of public
works or required of any discharger to the municipal system shall be in accordance with
40 CFR Part 136, unless another method is approved by the director.
(h) If, after inspection, the condition of a facility presents any immediate
danger to the public health, safety or general welfare because of unsafe conditions or
improper maintenance, Augusta-Richmond County shall have the right, but not the duty,
to take action as may be necessary to protect the public and make the facility safe.
(i) Inspection reports shall be maintained in a permanent file located at the
department of public works office for a period of three (3) years. All such records shall
be open to the public.
§ 5-1-11 VARIACES FOR REQUIREMETS.
(a) The director may grant a variance from requirements of this chapter if
exceptional circumstances applicable to a site exist such that strict adherence to the
provisions of this chapter will result in unnecessary hardship and will not fulfill the intent
of this chapter.
(b) A written request for a variance shall be required and shall state the
specific variance sought and the reasons, with supporting data, a variance should be
granted. The request shall include all information necessary to evaluate the proposed
variance.
(c) The director will conduct a review of the request for a variance within
thirty (30) working days of receiving the request.
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Item # 5
11
§ 5-1-12 APPEALS
(a) Any person aggrieved by a decision of the director (including any decision
with reference to the granting or denial of a variance from the terms of this chapter) may
appeal same by filing a written notice of appeal with the director within ten (10) days of
the issuance of said decision by the director. A notice of appeal shall state the specific
reasons why the decision of the director is alleged to be in error.
(b) The director may reverse his/her decision giving written reason for
reversal. In the event the director does not reverse his/her decision, the director shall
prepare and send to the board of appeals and appellant a written response to said notice of
appeal within thirty (30) days of receipt of the notice of appeal.
(c) All appeals shall be heard by a board of appeals to be constituted of the
county administrator, the director of inspections, and the Director of the Augusta-
Richmond County Planning and Zoning Commission. The hearing shall be held within
thirty (30) days after receipt of notice of appeal or on a date mutually agreed upon in
writing by the appellant and the board of appeals. The board of appeals shall then make
its finding within ten (10) days of the appeal hearing. Decisions of the board of appeals
shall be based upon guidelines for appeals established by the Augusta-Richmond County
Commission as amended from time to time.
(d) If the appellant is dissatisfied with the decision of the board of appeals,
he/she can appeal said decision to the Augusta-Richmond County Commission within
thirty (30) days of the hearing decision being rendered to appellant. The Commission
shall notify appellant of a time and place for hearing the appeal, and said time shall be
within thirty (30) days of receipt of notice from appellant. The Commission shall make a
finding on the appeal within ten (10) days of the hearing.
(e) If the appellant is dissatisfied with the Commission’s decision, he/she can
appeal said decision to the Superior Court of Richmond County within thirty (30) days of
the date of that decision. Said appeal shall consist of a review of the record in the appeal
process.
§ 5-1-13 COOPERATIO WITH OTHER GOVERMETS.
Augusta-Richmond County may enter into agreements with the State of Georgia
or with other local governments to carry out the purpose of this chapter. These
agreements may include, but are not limited to enforcement of provisions, resolution of
disputes, cooperative monitoring, and cooperative management of storm water system
and management programs.
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12
§ 5-1-14 PROPERTY OWER LIABILITY; SUPPLEMETAL CHARG ES.
Any person in violation of any portion of this chapter shall pay for all costs of
Augusta-Richmond County associated with the violation, including (but not limited to)
containment, cleanup, injury, death, legal, or other costs.
§ 5-1-15 EFORCEMET; PEALTIES.
(a) This chapter shall be enforced by the office of the director of public
works. Citations for violation may be issued by inspectors from the department of public
works. Citation shall specify the nature of violation and the potential penalty involved.
(b) Any person, cited for violating this chapter shall be tried as a
misdemeanor and shall upon conviction, shall be subject to the penalties provided in § 1-
6-1.
(c) In addition, Augusta-Richmond County may institute appropriate action or
proceedings at law or in equity for the enforcement of this chapter or to correct violations
of this chapter. Any court of competent jurisdiction may have the right to issue
restraining orders, temporary or permanent injunctions, and other appropriate forms of
remedy or relief. Each day of noncompliance is considered a separate offense. Nothing
herein contained shall prevent Augusta-Richmond County from taking such other lawful
action as is necessary to prevent or remedy any violation, including application for
injunctive relief.
§ 5-1-16. SEVERABILITY
If any term, requirement or provision of this chapter or the application thereof to
any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this chapter or the application of such terms, requirements and provisions to
person or circumstances other than those to which it is held invalid or unenforceable,
shall not be affected thereby and each term, requirement or provision of this chapter shall
be valid and be enforced to the fullest extent permitted by law.
§ 5-1-17 PRIOR ICOSISTET ORDIACES .
Any provisions and ordinances adopted prior to the date of adoption of this
chapter that are inconsistent with this chapter are hereby voided, but only to the extent of
such inconsistency.
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Item # 5
COMPREHENSIVE ZONING ORDINANCE
OF
AUGUSTA-RICHMOND COUNTY, GEORGIA
Editorial revision of the Ordinance adopted March 25, 1963, incorporating changes made
necessary by the Home Rule Provision of the Constitution of the State of Georgia of 1983, and
the consolidation of the City of Augusta and Richmond County, and other amendments between
November 15, 1983 and January 3, 2006.
DECEMBER 2010
Attachment number 14
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Item # 5
AN ORDINANCE BY THE AUGUSTA COMMISSION TO ADOPT A COMPREHENSIVE
ZONING PLAN, MAPS AND LAND USE REGULATIONS; TO REPEAL CONFLICTING
ORDINANCES AND FOR OTHER PURPOSES:
WHEREAS, the Augusta Commission, was authorized by the Home Rule Provision of
the Constitution of the State of Georgia of 1983 to: Establish planning commissions; provide for
the preparation and amendment of overall plans for the orderly growth and development of
municipalities and counties; provide for the regulation of structures on mapped streets, public
building sites, and public open spaces; repeal conflicting laws; and for other purposes; and
WHEREAS, the Augusta-Richmond County Planning Commission, created and
organized under the terms of the aforementioned Home Rule Provision, has made a study and
analysis of the areas of Augusta, Georgia and the said study and analysis now are complete and
a Comprehensive Zoning Plan consisting of the maps and regulations described herein for the
purposes described in the title of this Ordinance are now ready for adoption; and
WHEREAS, the Commission has held a public hearing on the proposed Comprehensive
Zoning Plan after giving more than fifteen (15) days notice of the time and place of such hearing
by publication in the Augusta Chronicle as provided by the official code of Georgia.
THEREFORE, BE IT ORDAIED by Augusta Commission as follows:
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Item # 5
TABLE OF COTETS
SECTIO
CHAPTER
PAGE
1 GEERAL PURPOSE 1-1
2 GEERAL DEFIITIOS 2-1
GEERAL PROVISIOS
3 Area and Setback Requirements 3-1
4 Off-Street Parking and Loading 4-1
5 Nonconforming Uses 5-1
USE DISTRICT CLASSIFICATIOS
6 District Definitions 6-1
AGRICULTURAL DISTRICT CLASSIFICATIO
7 A (Agricultural) Zone 7-1
RESIDETIAL DISTRICT CLASSIFICATIOS
8 R-1 (One-Family Residential) Zone 8-1
9 R-1A (One-Family Residential) Zone 9-1
10 R-1B (One-Family Residential) Zone 10-1
11 R-1C (One-Family Residential) Zone 11-1
12 R-1D (One-Family Residential) Zone 12-1
13 R-1E (One-Family Residential) Zone 13-1
14 R-MH (Manufactured Home Residential) Zone 14-1
15 R-2 (Two-family Residential) Zone 15-1
16 R-3A (Multiple-Family Residential) Zone 16-1
17 R-3B (Multiple-Family Residential) Zone 17-1
18 R-3C (Multiple-Family Residential) Zone 18-1
19 PUD (Planned Unit Development) Zone 19-1
20 PROFESSIOAL DISTRICT CLASSIFICATIOS
P-1 (Professional) Zone
20-1
BUSIESS DISTRICT CLASSIFICATIOS
21 B-1 (Neighborhood Business) Zone 21-1
22
B-2 (General Business) Zone 22-1
Attachment number 14
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Item # 5
TABLE OF COTETS
SECTIO CHAPTER
PAGE
IDUSTRIAL DISTRICT CLASSIFICATIOS
23 LI (Light Industry) Zone 23-1
24 HI (Heavy Industry) Zone 24-1
SPECIAL DISTRICT CLASSIFICATIOS
25 HPA (Historic Preservation Area) Zone (DELETED) 25-1
25-A PDR (Planned Development Riverfront) Zone 25A-1
25-B SCA (Special Sign Control Area) Zone (DELETED) 25B-1
25-C River Watch Parkway (DELETED) 25C-1
25-D Savannah River Corridor Protection District 25D-1
26 Special Exceptions in Any Zone
OTHER REGULATED USES
26-1
27 Manufactured Home Regulations 27-1
28 Airport Regulations 28-1
28-A
28-B
28-C
Telecommunication Facilities
Signs
Adult Entertainment
28A-1
28B-1
28C-1
28-D
29
Conservation Subdivisions
Exceptions and Modifications
28D-1
29-1
30 Building Permits and Site Plans 30-1
31 Certificate of Occupancy 31-1
32 Enforcement and Penalties 32-1
33 Board of Zoning Appeals 33-1
34 Location and Maintenance of Zoning Map 34-1
35 Amendments to the Ordinance 35-1
36 Effective Date 36-1
37 Severance Clause 37-1
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Item # 5
GEERAL PURPOSE
SECTIO 1
For the purpose of promoting health, safety, morals and the general welfare of the people of
Augusta including, among other things, present conditions and the future growth of Augusta with
due regard to its relations to neighboring territory and to guide and accomplish coordinated,
adjusted, and harmonious development which will, in accordance with present and future needs,
best promote health, safety, morals, order, convenience, prosperity and general welfare as well as
efficiency and economy in the process of development, including, among other things, adequate
provision for traffic, the promotion of safety from fire and other dangers, adequate provision for
light and air, the promotion of good civic design and arrangement, wise and efficient
expenditure of funds, and the adequate provisions of public utilities and other public
requirements as will tend to facilitate economical and adequate provisions for transportation,
roads, soil conservation, water supply, drainage, education, sanitation, recreation, conservation,
and development of the State's natural resources, fostering the State's agriculture and other
industries, and protecting the State's food supply, for the purpose of lessening traffic and other
hazards to life, limb, and health in the thickly populated areas, and the civil defense of the
population.
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2 - 1
GEERAL DEFIITIOS
SECTIO 2
Certain words and terms are defined as follows: Words used in the present tense include the
future; words in the singular number include the plural; and words in the plural number include
the singular. The word "building" includes the word "structure"; and the word "shall" is
mandatory and not directory. The term "Board of Zoning Appeals" shall mean the Augusta-
Richmond County Board of Zoning Appeals. The term "Commission" means the Augusta-
Richmond County Planning Commission as provided for in Title 8 of the Augusta-Richmond
County Code by virtue of the Home Rule Provision of the constitution of the State of Georgia of
1983. "Governing Body" means the Augusta Commission. "Roads" include streets, avenues,
boulevards, roads, highways, lanes, circles, drives, freeways, viaducts, alleys, and other public
ways. "Subdivision" means the division of a lot, tract, or parcel of land into two or more lots,
plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of
building development purposes other than agricultural. It includes re-subdivision, and when
appropriate to the content, relates to the process of subdividing or to territory subdivided.
“ACCESSORY BUILDIG" shall mean a subordinate building not more than one (1) story in
height, the use of which is incidental to that of the main building on the same lot or of which it
forms an integral part of the same lot. Accessory buildings shall not be designed and used for
residential purposes. They shall not contain bedrooms. If an accessory building contains
kitchen facilities of any description, then a deed restriction must be recorded stating that the
accessory building is not a residential structure and can never be occupied as such before a
permit may be issued. Accessory buildings may not be used to conduct home occupations or
serve as home offices. In no case may an accessory building have a separate electrical service.”
"ACCESSORY USE" shall mean the use customarily incidental and accessory to the principle
use of a building located upon the same building site as the accessory use.
"ADULT DAY CARE FACILITY" shall mean any place operated by a person, society,
agency, corporation, institution or group wherein are received for pay for group care, for fewer
than 24 hours per day of three (3) or more elderly or disabled persons that are over 17 years of
age.
"AIRPORT" shall mean Bush Field and Daniel Field.
"AIRPORT HAZARD" shall mean any structure or tree or use of land which obstructs the
airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise
hazardous to such landing or taking off of aircraft.
"APARTMET" shall mean a room, or suite of one or more rooms, which is designed or
intended for occupancy by, or which is occupied by, one family doing its own cooking therein or
by one person doing his or her own cooking therein.
"APARTMET HOUSE" shall mean any building or portion thereof which contains three or
more apartments, the occupants of any two or more which use any entrance or hall in common,
and all living units of which are intended to be maintained under single ownership.
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"AUTOMOBILE SALES" or "STORAGE YARDS” or "LOTS" shall mean an open premise
used for storage or sale of complete and operable automobiles.
"AUTOMOBILE WRECKIG YARD" or "AUTOMOBILE USED PARTS LOT" shall
mean any place where one or more vehicles not in running condition, or parts thereof, are stored
in the open or in any building or structure used principally for wrecking and storage of
automobiles not in running condition or automobile parts.
"BASEMET" shall mean a room or story partly underground and having at least one-half of
its height above the average level of the adjoining ground. A basement shall be counted as a
half-story if used for dwelling or business purposes.
"BUFFER" shall mean that portion of a lot, tract, or parcel set aside for open space and visual
screening purposes, pursuant to applicable provisions of this Ordinance, to separate different use
districts, or to separate uses on one property from uses on another property of the same use
district or different use districts.
"BUILDIG" shall mean a structure having a roof supported by columns or walls for the
shelter, support or enclosure of persons, animals, or chattels. When separated without
connections, each portion of such building shall be deemed a separate building.
"BUILDIG HEIGHT" shall mean the vertical distance measured from the level of the
established grade opposite the middle of the front of the building, to the highest point of a flat
roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for
a gable, hip, or gambrel roof.
"BUILDIG LIE" shall mean a line between which line and any street line of a district, lot,
tract, or parcel of land, no building or part of a building may be erected, altered, or maintained.
"BUILDIG, MAI" "MAI BUILDIG" shall mean a building in which is conducted the
principal use of the lot on which it is situated. In any residential district any dwelling shall be
deemed to be a main building on the lot upon which the same is situated. Main building when
used with the reference to ground coverage shall mean the dimension of the dwelling with the
porches and garages excluded.
"BUILDIG PERMIT" shall mean a written permit issued by the Chief Building Official of
Augusta-Richmond County.
"BUILDIG LIE SETBACK" shall mean the distance between the building line and the
street line in a district, lot, tract, or parcel of land.
"CELLAR" shall mean a room or story having more than one-half of its height below the
average level of the adjoining ground. A cellar shall not be counted as a story for purposes of
measured height.
"CHURCH" shall mean buildings and facilities owned or operated by a corporation,
association, person, or persons for a social, educational, religious or recreational purpose, but not
primarily for profit or to render a service which is customarily carried on as a business.
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"CLUB" shall mean buildings and facilities owned or operated by a corporation, association,
person, or persons for a social, educational, religious or recreational purpose, but not primarily
for profit or to render a service which is customarily carried on as a business.
"COMMISSIO" shall mean the Augusta-Richmond County Planning Commission.
"CODOMIIUM" shall mean an individual ownership unit in a multifamily structure,
combined with joint ownership of common areas of the building and grounds, in accordance with
all applicable provisions of the Apartment Ownership Act of 1963, as amended (Georgia Laws,
1963).
"COGREGATE PERSOAL CARE HOME" shall mean a building occupied by the
property owners, or by a person or persons employed by the property owners, and also occupied
by sixteen or more unrelated individuals who reside there and receive care and/or supervision
from the property owners or persons in their employment.
"COSERVATIO SUBDIVISIO – shall mean a ubdivision where a large percentage of the
overall acreage of the tract is permanently protected as greenspace and the remainder is divided
into lots.
"DAY CARE CETER" shall mean any place operated by a person, society, agency,
corporation, institution or group wherein are received for pay for group care, for fewer than 24
hours per day without transfer of legal custody 19 or more children under 18 years of age.
"DEPEDET TRAVEL UIT" shall mean a Travel Unit other than a self-contained Travel
Unit.
"DWELLIG" shall mean any building, or portion thereof, which is designed or used
exclusively for residential purposes.
"DWELLIG, OE-FAMILY" OR "OE-FAMILY DWELLIG" shall mean a building
containing but one housekeeping unit, and designed and used to house not more than one family
in a permanent manner, which may include not more than two boarders or lodgers.
"DWELLIG, TWO-FAMILY" OR "TWO-FAMILY DWELLIG" shall mean a building
containing not more than two housekeeping units, and designed or used to house not more than
two families, living independently of each other, each of which may include no more than two
lodgers or boarders.
"DWELLIG, MULTI-FAMILY" OR "MULTI-FAMILY DWELLIG" shall mean a
building designed for, or portion of a building having accommodations for, three or more
families being independent of each other, and each having its own kitchen and bath facilities.
This term includes premises occupied more or less permanently for residential purposes in which
the rooms are occupied in apartments, suites, or groups such as apartment units, tenement
houses, flats, apartment hotels, bachelor apartments, studio apartments, kitchenette apartments,
and all other dwellings similarly occupied.
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"EXPRESSWAY" shall mean a divided highway for through traffic with full or partial control
of access and generally with grade separations at intersections. It contains two lanes or more for
traffic going in opposing directions and divided by a median strip and designed so as to protect
the opposing flows of traffic and thus increase the safety and practical capacity of the road for
regional and inter-regional traffic.
"FAMILY" shall mean a group of one or two persons, or parents with their direct descendants
and adopted children (and including the domestic employees thereof), together with not more
than two persons not so related, living together in a room or rooms comprising a single
housekeeping unit. Family does not include a group occupying a club, sorority, or fraternity
house.
"FAMILY DAY CARE HOME" shall mean a private residence operated by any person who
receives therein for pay for supervision and care fewer than 24 hours a day, without transfer of
legal custody, three but not more than six children under 18 years of age who are not related to
such persons and whose parents or guardians are not residents in the same private residence.
"FAMILY PERSOAL CARE HOME" shall mean a building occupied by the property
owners, or by a person or persons employed by the property owners, and also occupied by three
but not more than six unrelated individuals who reside there and receive care and/or supervision
from the property owners or persons in their employment.
"FILLIG STATIO" shall mean any building or premises used solely for storing, dispensing,
servicing, sale, or offering for sale, at retail of any automobile fuels and lubricants and/or
automobile accessories, but not including major automobile repairing.
"FLEA MARKET" shall mean property which the owner rents, lends or leases the premises to
persons for use as a marketplace to barter, exchange, or sell secondhand goods. Yard sales at
residences are not flea markets, and craft shows shall not constitute flea markets.
"FRATERAL ORGAIZATIO" shall mean buildings and facilities owned or operated by
a corporation, association, person, or persons for a social, educational, religious or recreational
purpose, but not primarily for profit or to render a service which is customarily carried on as a
business.
"FROTAGE" shall mean the distance for which property abuts one side of a street, road,
highway, or other public way measured along the dividing line between the property and such
road or highway or other public way.
"FROTAGE ROADWAY" or "ACCESS STREET" shall mean a roadway contiguous to
and generally paralleling an interstate highway, expressway, major street or highway, or through
street or highway and designed so as to intercept, collect and distribute traffic desiring to cross,
enter, or leave such facility and to furnish access to property which would otherwise be isolated
as a result of controlled access features peculiar to topographic conditions.
"FUERAL HOME" shall mean a building or part thereof used for human funeral services.
Such building may contain space and facilities for:
a) embalming and the performance of other services used in preparation of the dead
for burial;
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b) the performance of autopsies and other surgical procedures;
c) the storage of caskets, funeral urns, and other related funeral supplies; and
d) the storage of funeral vehicles, but shall not include facilities for cremation.
Where a funeral home is permitted, a funeral chapel shall also be permitted.
"GARAGE" shall mean a building used for the storage or housing of motor driven vehicles.
"GARAGE, PRIVATE" OR "PRIVATE GARAGE" shall mean a garage intended for, and
owned or used by, the members of a family resident upon the premises, provided that not more
than one-half of the garage space may be rented for private vehicles owned or used by persons
not residing on the premises, except that all the space in a garage of one- or two-car capacity
may be so rented. Such a garage shall not include those used by more than one (1) commercial
vehicle per family resident on the premises, and no such commercial vehicle shall exceed two (2)
ton capacity, nor shall such garage provide for the repair or equipping of such vehicles.
"GARAGE, SERVICE" shall mean a garage used for repair of vehicles.
"GARAGE, STORAGE" shall mean a garage used primarily for storage of vehicles.
"GOVERIG BODY" shall mean the Augusta Commission.
"GREESPACE" shall mean an area permanently protected for the common use of the general
public or for the common use of the residents of a development, and in its natural state or
developed only to an extent conforming to these regulations.
"GROUP DAY CARE HOME" shall mean any place operated by a person, society, agency,
corporation, institution or group wherein are received for pay not less than seven nor more than
18 children under 18 years of age for care and supervision less than 24 hours a day.
"GROUP PERSOAL CARE HOME" shall mean a building occupied by the property
owners, or by a person or persons employed by the property owners, and also occupied by seven
but not more than fifteen unrelated individuals who reside there and receive care and/or
supervision from the property owners or persons in their employment.
"GUEST ROOM" shall mean a room which is designed or intended for occupancy by, or which
is occupied by, one or more guests, but in which no provision is made for cooking, and not
including dormitories for sleeping purposes.
"HOME OCCUPATIO" shall mean an activity carried out for gain by a resident conducted
as an accessory use in the resident's dwelling unit.
"HOMEOWERS ASSOCIATIO" shall mean an incorporated, nonprofit organization
operating under recorded land agreements through which (a) each lot owner in a planned unit or
other described land area is automatically a member, and (b) each lot is automatically subject to
a charge for a proportionate share of the expenses for the organization's activities, such as
maintenance of common property.
"HOSPITAL" shall mean an institution providing health services primarily for human in-
patient medical or surgical care for the sick or injured and including related facilities such as
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laboratories, outpatient departments, training facilities, central services facilities, and staff offices
that are an integral part of the facilities.
"HOTEL" shall mean any building containing sleeping rooms for the more or less temporary
occupancy of individuals who are lodged, with or without meals, where guest rooms are accessed
through a central area or main lobby, and where the structure exceeds two stories in height.
"HOTEL - EXTEDED STAY" shall mean a building containing guest rooms rented for
temporary lodging where guest rooms are accessed through a central area or main lobby and
where half or more than half of the rooms have kitchenettes or some kitchen facilities.
"HOTEL, APARTMET" shall mean any building which satisfies both the definition of a
multiple-dwelling house and that of a hotel as defined by this section.
"IERT FILL AREA" shall mean a disposal facility accepting only materials limited to earth,
earth-like products, concrete, cured asphalt rock, bricks, yard trimmings, stumps, limbs, and
leaves. This definition excludes industrial and demolition waste not specifically listed above.
For the purpose of this ordinance, filling of land which is not specifically related to a subdivision
development plan or a site plan which has been filed with the Planning Commission shall be
defined as an inert fill area if the volume of fill is expected to exceed 5,000 cubic yards.
"ITERSTATE HIGHWAY" shall mean a divided highway with limited access designed
primarily for interstate travel. It is an integral part of a nationwide highway network connecting
principal cities, with four or more traffic lanes separated by a median strip to provide maximum
safety for motorists.
"JUKYARD" shall mean any place where waste, discarded or salvaged materials are bought,
sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled; including automobile
wrecking yards, automobile used parts lots, used lumber yards, salvaged building materials,
salvaged household appliances, or other types of machinery; but excluding establishments for the
sale, purchase, or storage of used automobiles in running condition, used furniture, or salvaged
materials used as part of a manufacturing process on the same site.
"LAD" or "TERRITORY SUBDIVISIO" shall mean a parcel or tract of land, the
dimensions of which are shown on a map and filed with the Clerk of the Superior Court of
Augusta-Richmond County, Georgia, as of the date of the adoption of this Ordinance.
"LADIG AREA" shall mean the area of the airport used for the landing, takeoff, or taxiing
of aircraft.
"LAE" shall mean a public thoroughfare which ordinarily affords only a secondary means of
access to abutting property and which is not more than twenty (20) feet wide.
"LOCAL GOVERMET ETERPRISES" shall mean the Augusta-Richmond County
Commission governmental functions such as schools, municipal or county office buildings,
playgrounds, parks, reservations, public transit terminals, public golf courses, fire stations, police
stations and substations, and similar institutional uses.
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"LODGIG" or "BOARDIG HOUSE" shall mean a building designed or used for the more
or less permanent occupancy, with or without meals, of more than two lodgers or boarders
whether the compensation be paid directly or indirectly.
"LOT" or "LOT PLAT" shall mean a lot or a parcel of land occupied, or intended to be
occupied by, a principal building or use and any accessory building and uses customarily
incidental to it, and including open spaces not less in extent than those required in connection
therewith by the Ordinance. For the purpose of this Ordinance, the terms lot, parcel, and tract
are used synonymously.
"LOT, CORER" "CORER LOT" shall mean a lot which abuts on two or more streets
and/or roads at their intersection or upon a curved street, provided that the two sides of the lot, or
the tangents to the curve of the street line at its starting points at or within the side lines of the
lot, intersects to form an interior angle of not more than 135 degrees.
"LOT DEPTH" shall mean the distance between front and rear lot lines. If two (2) opposite
sides of said lot are not parallel, the depth shall be deemed to be the mean distance between the
front and rear lot lines.
"LOT WIDTH" shall mean the width of the lot measured at the setback line.
"LOT LIE, FROT" shall mean any lot line contiguous to a street right-of-way.
"LOT LIE, REAR" shall mean the rear lot line boundary opposite the lot line which the
principal building fronts. The rear lot line of an irregular or triangular lot shall be for the
purpose of this Ordinance a line not less than ten (10) feet long, lying wholly within the lot, and
parallel to and farthest distance from the front lot line.
"LOT OF RECORD" is a parcel of land the dimensions of which are shown on a map on file
with the Clerk of Superior Court of Richmond County, Georgia, or in common use by county
officials, and which actually exists as so shown, or any part of such parcel held in a recorded
ownership separate from the ownership of the remainder thereof. All lots recorded after
adoption of this Ordinance shall front on and have ingress and egress by means of a public street,
road, highway or private lane.
"LOT LIE, SIDE" shall mean a side lot boundary line that is not a front lot line or a rear lot
line.
"MAUFACTURED HOME" a structure, transportable in one or more sections, which, in the
traveling mode, is eight body feet or more in width and forty body feet or more in length, or,
when erected on site, is three hundred twenty or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent
foundation.
"MAUFACTURED HOME PARK" shall mean any site, lot, parcel, or tract of land upon
which two or more manufactured homes are placed in accordance with Section 27 of this
Ordinance.
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"MAUFACTURED HOME SPACE" shall mean a unit of ground, as prescribed by Section
27 of this Ordinance, which shall be clearly indicated by corner markers on which may be placed
a Manufactured Home as defined by this Ordinance.
"MAP, OFFICIAL" "OFFICIAL MAP" shall mean the official zoning map of Augusta
which shows the boundaries of the various districts superimposed upon the Property Map and
Record System for Augusta, Georgia.
"MASTER PLA" shall mean any legally adopted part, maps, or element of any Master Plan
as provided for in Title 8 of the Augusta-Richmond County Code by virtue of the Home Rule
Provision of the Constitution of the State of Georgia of 1983. Such Master Plan may be entitled
a "Comprehensive Plan", "Land Use Plan", or other similar terminology.
"MII-WAREHOUSE" shall mean a one-story building with separate enclosed compartments
for the storage of personal goods.
"MOTEL" shall mean any building containing sleeping rooms for more or less temporary
occupancy of individuals who are lodged with or without meals and where the design favors a
direct vehicular approach to each sleeping or living room. Any building or structure exceeding
two stories in height shall be classified as a Hotel rather than a Motel.
"MOTEL - EXTEDED STAY" shall mean a building containing guest rooms rented for
temporary lodging where the design favors a direct vehicular approach to each room and where
more than two rooms have kitchenettes or some kitchen facilities.
"ATURAL GRADE" shall mean the elevation of the ground adjoining the building.
"O-COFORMIG USE" shall mean any use of land, buildings, trees, or structures that
did not conform to the regulations of the district in which it was situated as of March 25, 1963 or
at such time as amendments to this Ordinance occur.
"URSIG HOME" shall mean a facility that provides full health and continuous nursing care
of three (3) or more elderly or disabled persons but not including hospitals, clinics, or similar
institutions devoted primarily to diagnosis and treatment.
"PARKIG LOT" shall mean a parcel of land devoted to unenclosed parking spaces which
may include partially enclosed one-story buildings, and where a charge is made for storage or
parking of vehicles.
"PARKIG LOT, ACCESSORY" shall mean a parcel of land used by an individual,
partnership, firm, or corporation in any commercial or industrial district exclusively for the
parking of vehicles of its employees or customers, and for which no charge is made.
"PARKIG SPACE" shall mean an area of appropriate dimensions per Section 4 of this
Ordinance, exclusive of access or maneuvering area, or ramps or columns, etc., to be used
exclusively as a temporary storage space for private motor vehicles. Truck loading space shall
not be included in such area. When the application of a unit of measurement for parking spaces
to a particular use or structure results in a fractional space, any fraction under one-half shall be
disregarded and fractions of one-half or over shall be counted as one space.
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"PAROCHIAL SCHOOL" shall mean a facility that provides a curriculum of elementary
and/or secondary academic instruction that is owned and operated by a religious institution.
PERMAET PROTECTIO - LAD AD/OR WATER WHICH IS:
(1) Owned by the Federal, State, or Local Government and permanently designated
for recreation, conservation, or natural resource protection; or
(2) Privately owned and subject to a conservation easement that ensures that the land
will be maintained as greenspace and used only in perpetuity for recreation,
conservation, or natural resource protection; or
(3) Privately owned and subject to a permanent restrictive covenant provided for in
O.C.G.A. 44-5-60 (c); or
(4) Privately owned and permanently legally protected by any other method that
ensures that the property will remain forever as greenspace and be used only for
recreation, conservation, or natural resource protection.
"PERMITTED USE" shall mean a use of land that is permitted or allowed “by right”, and does
not constitute a nonconforming use, and therefore requires no further rezoning or granting of a
special exception.
"PERSO" shall mean any individual, firm, copartnership, corporation, company, association,
joint stock association or body politic, and includes any trustee, receiver, assigns or other similar
representative thereof.
"PERSOAL CARE HOME" shall mean a building occupied by the property owners, or by a
person or persons employed by the property owners, and also occupied by unrelated individuals
who reside there and receive care and/or supervision from the property owners or persons in their
employment. A personal care home shall provide care for elderly and/or handicapped persons.
Personal Care Homes shall be classified as: Family Personal Care Homes, Group Personal Care
Homes, and Congregate Personal Care Homes.
"PLAIG COMMISSIO" shall mean the Augusta-Richmond County Planning
Commission.
"PLATIG STRIP" shall mean the portion of the street between the curb and the property
line exclusive of the area occupied by the sidewalk.
"PRIVATE SCHOOL" shall mean a facility that provides a curriculum of elementary and/or
secondary academic instruction that is owned and operated by a private entity.
"PUBLIC OTICE" shall mean a notice published once in a newspaper of general circulation
in Augusta-Richmond County, Georgia, at least 15 days prior to a public hearing concerning
proposed changes or amendments to this Ordinance including the maps thereto, setting forth the
time, place, and purpose of said hearing, shall be deemed a public notice.
“RECREATIOAL VEHICLES” For the purpose of this ordinance, any of the following
vehicles designed for travel, recreation, and vacation uses: motorhome ( a portable, temporary
dwelling constructed as an integral part of a self-propelled vehicle); van ( a portable, temporary
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dwelling constructed as an integral part of a self-propelled vehicle); pickup camper (a structure
designed to be mounted on a truck chassis); recreational trailer (a portable structure built on a
single chassis, 400 square feet or less when measured at the largest exterior horizontal
projections); park trailer (a semi-portable structure built on a single chassis which does not
exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when
constructed to USDHUD standards); or tent trailer (a canvas or synthetic fiber folding structure
mounted on a hard body base and towed by a vehicle).
"ROADWAY" "TRAVELED WAY" or "STREET SURFACE" shall mean that portion of a
road which is improved, designed, or ordinarily intended for vehicular use. Divided roads and
roads with frontage or access roads have more than one roadway. On undivided roads without
frontage roadways or access roads, the roadway width lies between the curb lines or between the
pavement edges, whichever is appropriate.
"SERVICE BUILDIG" shall mean a building or structure located within a Manufactured
Home Park or Travel Trailer Park for the welfare and convenience of the occupants of the
Manufactured Home Park or Travel Trailer Park within which such Service Building is located.
Such Service Building shall not be made available for the use of any person not residing in the
Manufactured Home Park or Travel Trailer Park within which such Service Building is located.
"SETBACK" shall be an unoccupied area of a lot, open and unobstructed from the ground to
the sky, except as otherwise provided for in this Ordinance. For the purpose of this Ordinance
the words "setback" and "yard" are synonymous.
"SIGLE-FAMILY ATTACHED BUILDIG" shall mean a building containing two or more
single- family attached dwelling units joined at one or more points by one or more party walls or
other common facility not including the walls of an enclosed courtyard or similar area.
"SIGLE-FAMILY ATTACHED DWELLIG" shall mean a dwelling unit on an individual
lot attached to another dwelling unit on an adjoining lot by a common party wall.
"SIGLE-FAMILY ATTACHED SUBDIVISIO" shall mean a subdivision development of
a single-family attached or other dwellings developed in accordance with the provisions of
Section 13 and the Subdivision Regulations for Augusta-Richmond County Commission.
"STORY" shall mean the vertical distance of a building included between the surface of any
floor and the surface of the next floor above it, or if there be no floor above it, then the space
between such floor and ceiling next above it, provided that a cellar shall not be considered a
story. Attic or basement space is construed as one-half.
"STREET" shall mean a public thoroughfare, where public title to land extends between right-
of-way lines. Whenever the sense of the law or these regulations so require, the word "Street"
shall include avenue, drive, circle, road, highway, or similar terms as they are generally
understood.
"STREET, ARTERIAL" shall mean a street designated as either a principal arterial or a minor
arterial that is a facility of such significance that it serves traffic passing through the Augusta
area or connects rural and urban traffic or serves major traffic movements within the urbanized
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area. Arterial streets in Augusta have been designated by the functional classification system
adopted by the Augusta Regional Transportation Study.
"STREET, COLLECTOR " shall mean a street that provides both land access service and
traffic circulation within residential, commercial, and industrial areas. Collector streets are
facilities which collect traffic from internal local streets and distribute it to the arterial system.
Collector streets in Augusta have been designated by the functional classification system adopted
by the Augusta Regional Transportation Study.
"STREET, DEAD ED" shall mean a street with no outlet at one end.
"STREET GRADE" shall mean the grade of the curb or centerline of the street upon which the
lot abuts at the midpoint of the frontage.
"STREET, IDUSTRIAL" or "BOULEVARD" shall mean a street of some continuity used
primarily by all forms of commercial or industrial vehicular traffic and used for
intercommunication between commercial areas and residential areas and industrial districts, or
between industrial districts.
"STREET LIE" or "RIGHT-OF-WAY LIE" shall mean the dividing line between a lot,
its property line or lines, and a public right-of-way, a public street, road or highway, over which
two or more abutting property owners have an easement of right-of-way.
"STREET, MAJOR " or "HIGHWAY" shall mean a highway used primarily for through
traffic, usually on a continuous route, with intersections at grade and having direct access to
abutting property, and on which geometric design and traffic control measures are used to
expedite the safe movement of through traffic.
"STREET, MIOR" or "LOCAL" shall mean a street primarily for access to abutting
property.
"STREET, RURAL" or "ROAD" shall mean a street supplementary to the major street
system, which primarily serves agricultural areas or other lands not subdivided for residential
use.
"STREET WIDTH" shall mean the horizontal distance between the right-of-way lines of the
street, measured at right angles to the right-of-way lines.
"STRUCTURE" shall mean anything constructed or erected, the use of which requires more or
less permanent or semi-permanent location on the ground or the attachment to something having
a permanent location on the ground or water. (The term shall include all types of buildings,
houses, gazebos, above-ground swimming pools, in-ground swimming pools, hot tubs, heating
and air conditioning equipment, house trailers, manufactured homes, stores, commercial
manufactured units, gasoline canopies and gasoline pumps, car washes, advertising signs,
billboards, structures from which products are vended, and tents and canopies which are in place
more than two consecutive days during any calendar quarter).
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"STRUCTURAL ALTERATIO" shall mean any change in the supporting members of a
building or structure, such as bearing walls, columns, beams, girders, floor joists, or roof joists,
or in the exterior walls.
"SUBDIVISIO" shall mean the division of a lot, tract or parcel of land into two or more lots,
plats, sites or other division of land for the purpose, whether immediate or future, of sale or of
building development for purposes other than agricultural. It includes re-subdivision and, when
appropriate to the context, relates to the process of subdividing or to the land or territory
subdivided.
"THROUGH STREET" or "HIGHWAY" shall mean every street or highway or portion
thereof at the entrance to which vehicular traffic from intersecting highways is required by law to
stop before entering or crossing the same and when stop signs are erected. It generally is radial
or circumferential in relation to present heavily populated areas and is intended to provide
continuous, wide, direct and adequate routes designed to insure the future stability of the
expanding urban areas within Augusta and the region. They usually include all state and federal
highways not otherwise designated in the Master Plan.
"TOURIST HOUSE" shall mean a private dwelling that supplies temporary accommodations
to overnight guests for a fee which may or may not include the preparation of meals.
"TRASITIO HOUSIG" shall be housing designed for and/or used for occupancy
predominantly by a series of short term tenants. For the purpose of administering and enforcing
Section 26-1 (g) of this Ordinance short term shall be defined as less than 120 consecutive days.
The following uses and similar uses shall be considered to be transition housing: temporary
quarters for occupancy by visitors to area hospitals, a facility for victims of physical abuse, and
temporary quarters for tenants receiving assistance from public or private social programs.
"TRAVEL TRAILER" shall mean a vehicular portable structure, designed as a temporary
dwelling for travel, recreational, and vacation uses, which is identified on the unit as a Travel
Trailer and is not more than eight (8) feet in body width, and is of any weight provided its length
is not more than twenty-nine (29) feet, and is of any length provided its gross weight, factory-
equipped for the road, is not more than 4,500 pounds.
"TRAVEL TRAILER PARK" shall mean any site, lot, parcel, or tract of land upon which
Travel Units are placed in accordance with the requirements of this Ordinance.
"TREE" shall mean any object of natural growth.
"VETERIARIA CLIIC" shall mean a facility that provides medical treatment for diseases
and injuries to animals. A veterinarian clinic may have some indoor boarding of animals that is
incidental to and associated with the primary goal of the facility which is providing care and
treatment to animals.
"YARD" shall mean an unoccupied area of a lot, open and unobstructed from the ground to the
sky, except as otherwise provided in this Ordinance.
"YARD, FROT" shall mean an open space extending the full width of a lot and of a depth
measured horizontally at right angles from the front lot line to the front of the structure.
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"YARD SALE" shall mean an infrequent event (less than three (3) times per calendar year and
lasting no more than three days) conducted on property in R-Zoned districts where used
household goods and personal items are offered for sale to the general public by the owner or
tenant of the property or by a group of owners or tenants. Holding three (3) or more yard sales
during a calendar year at the same address shall be considered to be a retail use and the property
owner shall be required to obtain a suitable zoning classification prior to continuing the activity.
"YARD, SIDE" shall mean an open space extending along the side line of a lot between the
front yard and the rear yard and of a width measured horizontally at right angles from the side lot
line to the side of the structure.
"YARD, REAR" shall mean an open space extending the full width of a lot of a depth measured
horizontally at right angles from the rear lot line to the rear of the structure.
Amended January 2008 – Accessory Buildings & Recreational Vehicles
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3 - 1
GEERAL PROVISIOS
SECTIO 3
AREA AD SETBACK REQUIREMETS
3-1 Area and Setback Requirements: Except as hereinafter provided, no building or
structure shall be erected on a lot unless such building or structure, enlargement, addition,
or alteration conforms with the area regulations and setback requirements of the zone in
which it is located.
3-2 Reduction of Lot Area: No lot shall be reduced or diminished so that the yards, other
open space, or total lot area shall be smaller than prescribed by this Ordinance nor shall
the density of housing units be increased in any manner except in conformity with the
regulations herein established.
3-3 Recorded Lots Less Than Minimum Area: Lots of Record at the time of enactment of
this Ordinance, which have less than the minimum requirements for an R-Zone, may
nevertheless be used for uses permitted in respective zones if all standards other than
those related to lot area can be met. All other lots in an R-Zone shall be in accordance
with the respective zone requirements.
3-4 Yards Applying to Only One Building: No required yard or other open space around
an existing building, or which is hereafter provided around any other building for the
purpose of complying with the provisions of this Ordinance, shall be considered as
providing a yard or open space for any other building; nor shall any yard or other
required open space on an adjoining lot be considered as providing a yard or open space
on a lot whereon a building is to be erected.
3-5 Only One Main Building on a Lot: Every building hereafter shall be located on a lot
herein defined. In no case shall there be more than one main residential building and its
accessory building on one lot. Row dwellings or a unit group of dwellings may be
considered as one main residential building.
3-6 Intersection Visibility and Corner Setback: In all zones, except B-2, LI, and HI Zones,
no construction, fence, hedge, bushes, or other obstruction to a clear view which extends
over three (3) feet in height shall be permitted at any corner of intersecting streets where
either or both of the streets are less than sixty (60) feet in width within the area formed by
the legs of a triangle whose apex is a point of intersection of the centerline of the
traveled roadways and the legs of which are sixty (60) feet in length along the
centerlines, and the hypotenuse of which is the line connecting the end of said legs.
Exceptions shall be made for utility pole lines, lighting standards, post office boxes,
traffic signs, and trees, the branches of which are kept trimmed to a height of eight (8)
feet above the ground.
3-7 Front Yard on a Through Lot: At each end of a through lot there shall be a front yard
depth required by this Ordinance for the zone in which each street frontage is located.
3-8 Group Housing: DELETED
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3-9 Building Setbacks: DELETED
Building Setbacks: On every road, street, or highway, which conforms to the definition
of arterial, collector, industrial or major streets or highways, no building, structure, or
obstruction or part of a building or structure or obstruction of any character shall be
erected on any land abutting the road, street, or highway nearer than forty (40) feet from
the right-of-way line of such road, street, or highway. On all other streets the minimum
setback shall be 30 feet., except that in the various zones the minimum setback may be
reduced or increased as set forth under the provisions for those specific zones. This
setback shall not apply to any sign advertising the principal use of the property on which
such sign is erected or placed; provided, however, that no part of any such sign or its
supporting structure shall be placed nearer than ten (10) feet from the right-of-way line of
any road, street, or highway. Off Premises Outdoor Advertising Signs as defined in this
Ordinance, shall not be thus exempted shall meet all setbacks required for other structures
as provided elsewhere in this Ordinance. No sign of any kind shall be located within any
setback required under Section 3-12 of this Ordinance.
3-11 Building Setbacks: These regulations regarding building setbacks shall be applicable to
any new roads, streets, or highways hereafter laid out to the same extent as to roads,
streets, or highways in existence and of public record at the time of the adoption of this
Ordinance. They shall likewise be applicable to any roads, streets, or highways or areas
which have been or may be designated as arterial highways on any Thoroughfare Plan,
proposed or adopted by the Augusta-Richmond County Planning Commission or by the
United States Department of Transportation or State Governmental Authority showing
the location, or proposed location, of roads, streets, or thoroughfares in Augusta-
Richmond County. The only sign of any kind shall be the standard highway sign
marking system.
3-12 Special Building Setbacks: No building, structure, or part thereof or obstruction
of any character including the minimum required off-street parking spaces for a
land use included in Section 4 of this Ordinance, shall be erected, or altered,
regardless of the use thereon, on any lot:
(a)* Nearer than forty (40) feet from the right-of-way line on either side of
Fifteenth Street from Wrightsboro Road to Martin Luther King Jr.
Boulevard.
(b)* DELETED.
(c)* Nearer than forty-five (45) feet from the right-of-way line on either side
of Claussen Road from a point 1000 feet south of its intersection with the
CSX Railroad line south to the intersection with Stevens Creek Road.
(d)* Nearer than one hundred (100) feet from the centerline of Windsor Spring
Road from Tobacco Road to Patterson Bridge Road.
(e)* DELETED
(f)* DELETED
(g) DELETED
(h)* Nearer than forty (40) feet from the right-of-way line on either side of
Bertram Road.
(i)* DELETED.
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(j) Nearer than forty (40) feet from the right-of-way line on either side of
Berckmans Road from Washington Road to Wheeler Road.
(k) Nearer than forty (40) feet from the right-of-way line of either side of
Wrightsboro Road from Highland Avenue to Fifteenth Street.
(l)* Nearer than forty-five (45) feet from the right-of-way line of Pleasant
Home Road from Washington Road to the Bobby Jones Expressway.
(m) DELETED
(n)* Nearer than forty-five (45) feet from the right-of-way line of Flowing
Wells Road from Wrightsboro Road to Frontage Road.
(o) Nearer than forty (40) feet from the right-of-way line of Stevens Creek
Road from Frontage Road to the Columbia County Line.
(p) Nearer than forty (40) feet from the right-of-way line of Marks Church
Road from Wrightsboro Road to Wheeler Road.
(q)* DELETED
(r)* Nearer than forty-five (45) feet from the right-of-way line of
Meadowbrook Drive from Windsor Spring Road to Deans Bridge Road.
(s)* Nearer than seventy (70) feet from the right-of-way line of Wrightsboro
Road from Barton Chapel Road to the Richmond/Columbia County Line
except for the area around the Dyess Parkway intersection which has
already been widened to five or more lanes. This excluded area begins
500 feet east of the intersection of Powell Road and ends 1000 feet west of
the intersection of Dyess Parkway.
(t) Nearer than forty (40) feet from the right-of-way line of Milledgeville
Road from the east intersection with Gordon Highway (U. S. Highway
#78, #278) to the west intersection with Gordon Highway (U. S. Highway
#78, #278) near Madrid Drive.
(u)* Nearer than forty-five (45) feet from the right-of-way line of Phinizy
Road from U. S. Highway #25 to State Highway #56.
(v)* Nearer than forty-five (45) feet from the right-of-way line of Rosier Road
from Windsor Spring Road to U. S. Highway #25.
(w)* Nearer than forty-five (45) feet from the right-of-way line of Barton
Chapel Road from Wrightsboro Road to Gordon Highway.
(x)* Nearer than forty-five (45) feet from the right-of-way line on either side
of Alexander Drive.
(y)* Nearer than forty-five (45) feet from the right-of-way line of Brown
Road from U. S. Highway #25 to State Highway #56.
(z)* Nearer than forty-five feet from the right-of-way line of Willis Foreman
Road from U. S. Highway #1 to U. S. Highway #25.
(aa) Nearer than forty (40) feet from the right-of-way line of Hephzibah-
McBean Road from Story Mill Road to GA Highway 56.
(bb) Nearer than forty (40) feet from the right-of-way line of old Waynesboro
Road from GA Highway 56 to Burke County Line.
(cc) Nearer than forty (40) feet from the right-of-way line of Powell Road from
Wrightsboro Road to Gordon Highway.
(dd) Nearer than forty (40) feet from the right-of-way line of Belair Road, from
Wrightsboro Road to Wrightsboro Road.
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(ee) Nearer than forty (40) feet from the right-of-way line of Morgan Road
from Tobacco road to US Highway #1.
(ff) Nearer than 70 feet from the right-of-way of S.R. 56 from Tobacco Road
to Bennock Mill Road.
Amended August 2008 – Section 3-12 (ff)
Amended August 2008 – Section 3-12 (f) (g) & (m) - deleted
Amended January 2005 – Section 3-12
Amended August 2004 - Section 3-12 (s)
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GEERAL PROVISIOS
SECTIO 4
OFF-STREET PARKIG AD LOADIG
Purpose: In order to relieve traffic congestion in the streets, to minimize any effects of off-
street parking areas on adjacent properties, and to ensure the proper and uniform development of
off-street parking areas throughout Augusta, off-street parking and loading spaces for every use
shall be provided in accordance with the standards established in this section.
4-1 General Requirements for Off-Street Parking: Following are the general requirements
for this section:
(a) All off-street automobile storage or parking facilities shall be designed with
appropriate means of vehicular access to a street or lane. Except for single-family
or two- family dwellings fronting on a minor or local street, no required off-street
parking facilities shall be arranged so as to require backing from the space
directly onto a public street.
(b) General off-street parking plans shall be submitted as part of a proposed site plan.
Such plans shall show the proposed layout of all parking areas, the total number
of off-street parking spaces to be provided, and the dimensions of the typical
individual parking space. Off-street parking plans including driveways and curb
cuts shall be approved by the Planning Commission Staff.
(c) Individual parking spaces shall have the minimum dimensions of nine (9) feet in
width and eighteen (18.0) feet in length unless off-street parking is to be provided
in common parking bays or lots. Common parking bays or lots shall meet the
minimum dimensional requirements illustrated in the following chart.
(d) All common off-street parking bays shall be graded to provide adequate drainage
and shall be paved with an all weather material or equivalent surface subject to
the approval of the City Engineer.
(e) Along those lot lines of an off-street parking area which abuts a residential
district, a solid screen (i.e. fence, wall, or berm) of no less than six (6) feet in
height shall be erected. The screen shall conform to the Augusta Tree Ordinance
and continue for the entire length of the property line abutting a residential
district.
(f) A curb cut shall be located as far as practical from the intersection of the right-of-
way lines of two streets, and no curb cut shall be permitted within fifty (50) feet
of an intersection. Each parcel that is in ownership separate from the ownership
of contiguous parcels shall be entitled to at least one curb cut per street front.
Except in single-family residential zones, curb cuts shall be at least 100 feet apart
where practical. Except in single-family residential zones, shared driveways are
encouraged, and where practical a driveway that is not a shared driveway shall be
at least fifty (50) feet from a property line.
(g) Any light used to illuminate required parking areas shall be arranged so that the
light is reflected away from adjacent properties.
(h) No sign (permanent or temporary), light standard, or screening material shall be
placed so as to inhibit the orderly use of a parking facility or in a manner which
reduces the number of usable parking spaces. No sign, light standard, or
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4 - 2
screening material shall be placed so that it obstructs visibility for drivers or
pedestrians.
(i) All off-street parking spaces located in common parking bays or lots shall be
marked by a durable painted stripe designating no less than the required minimum
parking space area.
(j) No motor vehicle repair work of any kind shall be permitted in conjunction with
off-street parking areas except minor repair on vehicles owned by the occupant or
resident of the principal use for which the off-street parking is intended.
(k) If the required off-street parking space cannot be reasonably provided on the same
lot, tract, or parcel on which the principal use is conducted, the applicant may be
permitted to provide such space on other off-street property, provided such space
lies within 300 feet of the property line of the principal use. Such space may be
parking provided for other uses, provided the utilization of the parking area by the
proposed uses does not conflict with the activities associated with the primary
use, and that the applicant obtains written authorization for utilization of the
parking facility on a continuing basis.
(l) The provisions of the Augusta-Richmond County Tree Ordinance related to
parking lots (Augusta Code Section 8-4-1) shall be complied with.
(m) No required parking may be located within any “special setback” area per Section
3-12 of this Ordinance.
Attachment number 14
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Attachment number 14
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4-2 Off-Street Parking Requirements for all Areas Except Central Business District
(CBD): Off-street automobile storage or parking space shall be provided with vehicular
access to a public street and shall be equal to or greater than the minimum requirements
for the specific use set forth below.
Land Use Parking Requirements
(a) Dwelling Structures
(1) One and Two Family Two (2) spaces for each dwelling unit.
(2) Multifamily, efficiency
and one bedrooms
One and one-half (1.5) spaces for each
dwelling unit.
(2.1) Multifamily, two or
more bedrooms
Two (2) spaces for each dwelling unit.
(3) DELETED
(4) Fraternity and Sorority
Houses
One (1) space for each two (2) beds or
one (1) space for each five (5)
members, whichever is greater.
(5) Manufactured Home Two (2) spaces for each dwelling unit.
(b) Public Assembly
(1) Churches and other places
of worship
One (1) space for each three (3) seats
per maximum capacity of the main
sanctuary.
(2) Private clubs, lodges and
fraternal buildings not
providing overnight
accommodations.
The number of spaces required shall be
determined by the Planning
Commission staff on the basis of the
type of use proposed, its intended
occupancy, and seating arrangement.
(3) Theaters, auditoriums,
coliseums, stadiums,
and similar places of
Assembly
One (1) space for each four (4) seats
based on the maximum capacity.
(4) Libraries, museums One (1) space for each 300 square feet
of gross floor area.
(5) Schools, by type:
Elementary and Junior High Two (2) space per classroom at
maximum occupancy.
Senior High Seven (7) spaces per classroom at
maximum occupancy.
Colleges and trade
Schools
One (1) space per two students at
maximum occupancy.
(6) Kindergarten or day care
centers
One (1) space for each four (4) children
at maximum occupancy.
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Land Use Parking Requirements
(7) Skating rinks, exhibition
halls, pool rooms, and other
places of amusement or
assembly without fixed
seating arrangements
One (1) space for each 200 square feet
of floor area intended for public use.
(8) Bowling Alleys Four (4) spaces per alley.
(9) Recreational facilities not
elsewhere specified
The number of spaces required shall be
determined by the Planning
Commission staff on the basis of the
type of use proposed, its intended
occupancy, and seating arrangements.
(c) Health Facilities
(1) Hospitals One and one-half (1.5) spaces for each
bed.
(2) Sanitariums, nursing homes,
personal care homes, group
Homes, and similar institutional
uses.
One (1) space for each three (3) beds,
or one space per three (3) residents
whichever is appropriate at maximum
occupancy.
(3) Medical, dental, and health
clinics and offices
One (1) space for each 200 square feet
of gross floor area.
(4) Mortuaries and funeral
parlors
One space for each 150 square feet of
gross floor area
(5) Veterinary clinics, kennels,
and animal hospitals
One (1) space for each 200 square feet
of enclosed area.
(d) Commercial Establishments
(1) Automobile repair
establishments
One (1) space for each 300 square feet
of floor space.
(2) Convenience stores (gas/food
marts) and similar establishments.
One (1) space for each 150 square feet
of floor area.
(3) Automobile washing and
cleaning establishments
One (1) space for each customer
vehicle the establishment is capable of
accommodating.
(4) Automobile sales (new and
used) and manufactured home
Sales
One (1) space for each 4000 square feet
of land area for the first 20,000 square
feet plus one (1) space for each
additional 10,000 square feet of land
area.
(5) Food stores except for conven-
ience stores
One (1) space for each 200 square feet
of retail area, plus one (1) space for
each 1,000 square feet of area used for
storage or work.
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Land Use Parking Requirements
(6) General retail sales,
commercial or personal
service establishments
One (1) space for each 200 square feet
of retail sales area, plus one (1) space
for each 1000 square feet of remaining
leasable area used for storage or work
area.
(7) Appliance Stores One (1) space for each 200 square feet
of retail sales area plus one (1) space
for each 500 square feet of remaining
area used for storage or work area.
(8) Furniture Stores One (1) space for each 750 square feet
of retail sales area, plus one (1) space
for each 1,000 square feet of remaining
leasable area used for storage or work
area.
(9) Restaurants, by-type:
Fast Food One (1) space for each 75 square feet of
gross floor area.
Sit-down One (1) space for each 50 square feet of
gross floor area.
(10) Night clubs, taverns,
lounges, and similar
Establishments
One (1) space per 100 square feet of
gross floor area.
(11) Office buildings except
medical, dental, and health
clinics and branch banks
One (1) space for each 300 square feet
of gross floor area.
(12) Branch banks One (1) space for each 300 square feet
of floor area plus five (5) inbound
reservoir spaces and one (1) outbound
reservoir space for each drive-in
window.
(13) Bank and other financial
institutions, except branch
banks
One (1) space for each 300 square feet
of gross floor area.
(14) Shopping Centers with more
than 50,000 square feet of
Gross leasable area
4.5 spaces for each 1,000 square feet of
gross floor area.
(15) Mini warehouses Four (4) spaces for office and one (1)
space per truck
(16) Hotels, Hotels Extended Stay,
Motels, Motels Extended Stay
One (1) space for each room plus one
space for each two employees, plus
additional spaces as required for other
functions such as bar, restaurant, etc.
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Item # 5
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Land Use Parking Requirements
(17) Boarding and Rooming
Houses, Dormitories
One (1) space for each guest or
sleeping room or one (1) space for each
150 square feet of sleeping area
whichever is greater.
(e) Industrial Establishments
(1) Manufacturing and industrial
establishments
One space for each 2,500 square feet of
gross floor area.
(2) Wholesale trade establishments,
warehouses except mini-
Warehouses
One (1) space for each 2,500 square
feet of gross floor area.
(f) Uses ot Specified. In the case of a use not specifically mentioned in Section 4-
2 the requirements for off-street parking facilities shall be determined by the
Staff. Such determination shall be based upon the requirements set for the most
comparable use specified in Section 4-2.
(g) Reduction in umber of Required Off-Street Park ing Spaces. The Planning
Commission may, at its discretion, reduce the minimum number of parking spaces
required for a specific use by Section 4-2(a) through 4-2(e) above provided that
sufficient evidence is presented justifying the need for reduction in the
requirements and every effort has been made to provide off-street parking in
accordance with the stipulations of this section.
(h) Credit for Certain On-Street Parking. Outside the Central Business District
designated, marked, on-street parking spaces located contiguous to a development
may reduce the off-street parking requirement at a rate of one-half off-street space
per on-street space.
4-3 Off-Street Parking Requirements for the Central Business District (CBD): Off-
street parking shall be provided in the Central Business District in accordance with the
following regulations:
(a) For the purpose of this section, the Central Business District shall be defined as
the area bounded by the following streets and including all lots or parcels fronting
on said streets:
(1) Levee Road from Gordon Highway to Fifteenth Street;
(2) Fifteenth Street from Levee Road to Greene Street;
(3) Greene Street from Fifteenth Street to Thirteenth Street;
(4) Thirteenth Street from Greene Street to Telfair Street;
(5) Telfair Street from Thirteenth Street to Gordon Highway;
(6) Gordon Highway from Telfair Street to Levee Road.
(b) Public or semipublic parking lots and garages available for general use and
metered curb parking spaces within 300 feet of the proposed use may be applied
toward the total off-street parking spaces needed.
(c) All provisions set forth in Sections 4-1 and 4-2 shall apply to the above described
area except as follows:
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Land Use Parking Requirements
(1) Restaurants, night clubs,
taverns, lounges, and similar
Establishments
One (1) space for each 400 square feet of gross
floor area.
(2) Office buildings except
medical, dental, and
health clinics; and branch
Banks
One (1) space for each 400 square feet of gross
floor area.
(3) Hotels and Motels One (1) space for each three (3) rooms plus
additional space as required for other functions
such as bar, restaurant, etc.
(4) Retail stores, department
stores, commercial or personal
service establishments except
food stores
One (1) space for each 400 square feet of gross
leasable area.
(d) The Planning Commission may, at its discretion, reduce the minimum number of
parking spaces required for a specific use by Section 4-3(c) provided that
sufficient evidence is presented justifying the need for a reduction in the
requirements and every effort has been made to provide off-street parking in
accordance with the stipulations of this section.
4-4 General Requirements for Off-Street Loading: Off-street loading and unloading space
shall be provided as hereinafter required by this Ordinance. For the purposes of this
section, the following general requirements are specified:
(a) The term "off-street loading and unloading space" shall mean an area having the
minimum dimensions of 14 feet in height, 12 feet in width, and 50 feet in length
plus adequate maneuvering area to facilitate entry into and exit from the space.
The Planning Commission may, upon sufficient demonstration that a particular
loading space will be used exclusively by small trucks or vans, reduce the
minimum dimension requirements accordingly.
(b) Each required off-street loading space shall have direct access to a street or have a
driveway which provides satisfactory ingress and egress for trucks. The width of
the access way shall be at least 25 feet wide and shall have a minimum radius at
the curb line of 25 feet.
(c) Each required off-street loading space shall be so designated as to avoid undue
interference with other vehicular or rail access, use of public streets, or other
public transport systems.
(d) All off-street loading facilities, including spaces and maneuvering area, shall be
adequately drained and paved with an all-weather material or equivalent surface
subject to the approval of the Public Works Department.
(e) Along those lot lines of the loading area which abut a residential district, a solid
screen of no less than five (5) feet in height shall be erected.
(f) Any light used to illuminate required off-street loading areas shall be arranged so
that the light is reflected away from adjacent properties. No light standard shall
be erected within fifteen (15) feet of any curb line of a public street.
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(g) All off-street loading areas and their respective maneuvering areas shall be set
back not less than ten (10) feet from a public right-of-way.
(h) No portion of the area required for off-street parking as specified in Section 4-2
shall be used for off-street loading, unloading, or maneuvering space.
4-5 Off-Street Loading Requirements for All Use Zones: Off-street loading and unloading
space shall be provided with access to a public street and shall be equal to or greater than
the minimum requirements set forth as follows:
Land Use Loading Requirements
(a) Dwelling Structures
(1) Hotels and Motels One (1) space for each 20,000 square
feet of floor area.
(b) Public Assembly
(1) Private clubs, lodges, and
fraternal buildings not
providing overnight
Accommodations
One (1) space for each 20,000 square
feet of floor area.
(2) Theaters, auditoriums,
coliseums, stadiums, and
similar places of assembly
One (1) space for each structure having
more than 100,000 square feet of floor
area.
(3) Schools, all types One (1) space for each structure having
more than 100,000 square feet of floor
area.
(4) Bowling Alleys One (1) space for each structure having
more than 20,000 square feet of floor
area.
(c) Health Facilities
(1) Hospitals, sanitariums, nursing
homes, and similar institutional
Uses
One (1) space for each 100,000 square
feet of floor area.
(d) Commercial Establishments
(1) Food stores One (1) space for the first 10,000 square
feet of floor area plus one (1) space for
each additional 30,000 square feet of
floor area.
(2) Restaurants, night clubs,
taverns, lounges, and similar
establishments
One (1) space for the first 10,000 square
feet of floor area plus one (1) space for
each additional 30,000 square feet of
floor area.
(3) Office buildings except
medical, dental, and health
Clinics
One (1) space for structures between
30,000 square feet and 100,000 square
feet of floor area plus one (1) space for
each additional 100,000 square feet of
floor area.
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Item # 5
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(4) Retail stores, department
stores, commercial or personal
service establishments, except
food stores
One (1) space for first 10,000 square feet
of floor area plus one (1) space for each
additional 50,000 square feet of floor
area.
(5) Shopping Centers One (1) space for each 50,000 square
feet of floor area.
(e) Industrial Establishments
(1) Manufacturing and industrial
establishments
One (1) space for each 40,000 square
feet of floor area.
(2) Wholesale trade
establishments
One (1) space for each 50,000 square
feet of floor area.
(3) Transport terminal facilities One (1) space for each 30,000 square
feet of floor area.
(f) Uses ot Specified. In the case of a use not specifically mentioned in Section 4-
5, the requirements for off-street loading facilities shall be determined by the
Planning Commission. Such determination shall be based upon the requirements
set forth for the most comparable use specified in Section 4-5.
(g) Reduction in umber of Required Off-Street Load ing Spaces. The Planning
Commission may, at its discretion, reduce the minimum number of loading spaces
required for a specified use by Section 4-5(a) through 4-5(e) above provided that
sufficient evidence is presented justifying the need for reduction in the
requirements and every effort has been made to provide off-street loading in
accordance with the stipulations of this section.
4-6 onconforming Parking and Loading Spaces: Any building lawfully in use on
February 4, 1974, shall constitute a nonconforming use with regard to parking. Any
enlargement of a nonconforming building or expanded use of a nonconforming building
must provide the required parking for the additional area or use.
4.7 Zoning Classification Changes: Any building on property for which the zoning
classification is subsequently changed or a Special Exception is subsequently granted
shall be provided with sufficient off-street parking pursuant to this section prior to
occupancy.
Amended January 2006 Entire Section 4
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Item # 5
5 - 1
GEERAL PROVISIOS
SECTIO 5
OCOFORMIG USES
5-1 Repairs and Alterations to onconforming Build ings or Structures:
(a) Repairs and alterations may be made up to 50% of the structure valuation as
assessed by the Richmond County Board of Tax Assessors or its successor, at the
time the petition is presented.
(b) No structural alterations will be permitted except as provided for in Section 5-7 of
this Ordinance.
(c) No enlargements will be permitted except as provided for in Section 5-7 of this
Ordinance.
(d) In the event of destruction by fire or act of God, restoration will be permitted to
the extent of the original improvements.
5-2 A building or structure nonconforming as to regulations for use or lot area or for dwelling
units shall not be added to or enlarged in any manner unless said building or structure
including such addition and enlargement is made to conform to the use and area in
accordance with regulations of the zone in which it is located except as provided for in
Section 5-7 of this Ordinance.
5-3 Continuation and Change of Use:
(a) The nonconforming use of a building or structure, lawfully existing on March 25,
1963, may be continued.
(b) The nonconforming use of a nonresidential building or structure may be changed
only to a use of the same or more restricted classification. The nonconforming
use of a residential structure may not be changed to any use not permitted by the
base zoning classification.
(c) The nonconforming use of land (where no building is involved) lawfully existing
on March 25, 1963, may be continued provided that no nonconforming use of
land shall be expanded or extended either on the same or adjoining property.
5-4 Expansion Prohibited: A nonconforming use of a portion of a building or structure
shall not be expanded or extended into any other portion of such building or structure nor
changed except to a conforming use.
5-5 onconforming Due to Reclassification: The foregoing provisions of this section shall
also apply to buildings, structures, land or uses which hereinafter become nonconforming
due to any reclassification of zones under this Ordinance or any subsequent change in the
regulations of this Ordinance.
5-6 Any nonconforming use which has been abandoned for a period of two (2) years or more
shall not be used for any purpose other than that permitted in the zone in which such use
is situated.
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5 - 2
5-7 Structural Alterations and Enlargement: An existing nonconforming use may be
permitted to expand in the district in which it is located upon approval by the Executive
Director provided that:
(a) A site plan showing the existing nonconforming land and building(s) and the
proposed expansion has been submitted for approval;
(b) The existing nonconforming use is of a type permitted under the B-1
(Neighborhood Business) Zone, Section 21-1(b), of this Ordinance;
(c) The enlargement does not exceed twenty (20%) percent of the square footage
contained within the existing nonconforming structure, the amount of expansion
permitted to be calculated using the square footage on record with the Richmond
County Board of Tax Assessors;
(d) The expansion shall not extend beyond the property lines of the existing
nonconforming use except where additional land is acquired to meet the off-street
parking requirements of Section 4 of this Ordinance;
(e) The expansion is in compliance with all setback and yard requirements of the
zone in which the nonconforming use is located;
(f) Off-street parking and loading are provided in accordance with Section 4 of this
Ordinance;
(g) The expansion does not involve the construction of any separate structures; and
(h) No previous expansion has occurred under the provisions of this section.
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Item # 5
6 - 1
USE DISTRICT CLASSIFICATIOS
SECTIO 6
DISTRICT DEFIITIOS
6-1 For the purpose of classifying, regulating, and restricting the locations of trades and
industries, and the locations of buildings designed for industry, commerce, residence, and
other uses; Augusta, Georgia, except Hephzibah and Blythe, is hereby divided into the
following Use Districts or Zones, to wit;
Agricultural Districts, being "A" Zones.
Residential Districts, being "R" Zones.
Professional Districts, being "P" Zones.
Business Districts, being "B" Zones.
Industrial Districts, being "I" Zones.
Zone Group Classification: Whenever the terms "A" Zone, "R" Zone, "P" Zone, "B"
Zone, or "I" Zone are used, they shall be deemed to refer to all zones containing the same
letters and/or numbers in their names, e.g. "R" Zone shall include R-1, R-2, R-3; "R-1"
Zone shall include R-1A, R-1B, R-1C, R-1D and R-1E zones.
6-2 The Use Zones herein above referred to shall be designated on certain zoning maps and
by reference thereto expressly made a part of this Ordinance. No building shall be
erected, nor shall buildings or premises be used for any purposes other than a purpose
permitted by this Ordinance in a zone in which such buildings or premises are located.
6-3 Zone Boundaries: Unless otherwise indicated the zone boundaries are the centerlines of
streets, parkways, waterways, railroad rights-of-way, or such lines extended.
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Item # 5
7 - 1
AGRICULTURAL DISTRICT CLASSIFICATIOS
SECTIO 7
A (AGRICULTURAL) ZOE
7-1 Zone A (Agriculture) Districts: The area of Zone "A" shall be all of Augusta excepting
therefrom any and all areas that have been, or may hereafter be, specifically covered by
other zones created in accordance with the provisions of this Ordinance and shown on
Maps on file with the Augusta-Richmond County Planning Commission. No land, no
body of water, and no structure shall be put into use and no building shall be hereafter
erected, constructed, moved, reconstructed, or structurally altered for any purpose in this
zone (Zone "A") which is designed, arranged or intended to be used or occupied for any
purpose other than the following:
(a) Single-family Residential buildings and structures developed under the
standards set forth in the R-1 Zone (Section 8), except that the maximum
height of fences, walls, or hedges in any required front, side or rear yards
of an A (Agriculture) Zone shall be limited to a height of eight (8) feet,
except for corner yard areas discussed in Section 3-6 of this Ordinance.
(b) Agriculture, dairying and ranching.
(c) Buildings incidental to agriculture, dairying and ranching.
(d) Building incidental to forestry.
(e) Noncommercial boat piers, or slips, or boat houses for docking of private
water craft.
(f) Manufactured homes on individual lots subject to the criteria listed in
Section 27-7 of this Ordinance.
(g) Conservation Subdivisions where the overall density of development
including portions of the tract devoted to greenspace does not exceed .5
lots per acre.
(h) Parking of vehicles related to agricultural and forestry enterprises
engaged in on the same or an adjoining property;
(i) Parking of no more than two (2) commercial vehicles to include freight
carrying vehicles, (truck trailers and tractors) in excess of one ton
capacity and three or more axles on a lot which exceeds one acre in area.
7-2. The following may be approved by Special Exception in an A zone if conformance to the
standards included herein can be demonstrated and if the benefits of the proposed use are
greater than any possible depreciating effects and damages to neighboring properties:
(a) Recreational vehicle (RV) parks, subject to the following restrictions and
regulations. A conceptual plan showing consistency with the provisions of this
section must be submitted with the application for a Special Exception:
(1) The entire perimeter of an RV Park shall be enclosed by a privacy
fence no less than six (6) feet in height. Wherever an RV Park
abuts property zoned Agricultural or Residential there shall be a
buffer of at least 50 feet in width that is either an undisturbed
natural buffer or a planted buffer that conforms to the requirements
of the Augusta Tree Ordinance. Such buffer areas shall be
Attachment number 14
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Item # 5
7 - 2
measured from the boundary of each space to the property line of
this RV Park.
(2) Each RV Park shall be so designed as to provide for a proper flow
of traffic and each interior private road shall be at least 15 feet in
width for one-way traffic and designed for the proper turning,
backing, parking, and maneuvering of RVs as approved by the
Traffic Engineer. Roads shall be surfaced with asphalt or concrete
as approved by the Traffic Engineer. Sub-grade, base and
pavement thickness shall be per the Augusta Street and Road
Design Technical Manual, current edition.
(3) Each space within an RV Park shall be a minimum of 35 feet wide
and 80 feet long. Each space shall be directly accessible from an
approved internal private road and there shall be no direct access
from any external public or private street.
4) Each space shall have a concrete parking pad which is at least 15
feet wide and 50 feet in length. Such parking pad shall be at least
20 feet from the internal private road. There shall be a distance of
at least 10 feet from the edge of each parking pad to the side and
rear boundaries of each space. The remainder of the space, with
the exception of the parking pad, must either be grassed, covered
with a mulching material, or otherwise improved with landscaping.
5) Each RV Park must provide a centralized bathhouse facility with a
minimum of 4 bathrooms with wash basins, 2 showers, and 2
washers and 2 dryers for each 30 lots within the RV Park. All
applicable building and zoning codes must be complied with,
including parking standards.
6) Swimming pools, jacuzzis, hot tubs, etc are allowed but are not
required within RV Parks and must be located in a centralized area.
Swimming pools, jacuzzis, hot tubs, etc., must be shown on the
Site Plan and must be approved by the Health Department. The
centralized bathroom facility may serve as the bathhouse for the
pool, jacuzzi, hot tub etc. if located immediately adjacent to the
amenity.
7) Community centers, clubhouses, and playground facilities are
allowed but are not required within the RV Park. If sited within
the RV Park, each community center, clubhouse or playground
facility must be located in a centralized area.
8) Spaces may be conveyed to individual owners as lots by following
the procedures set forth in the Land Subdivision Regulations for
private subdivisions. This will require formation of a Homeowners
Association with appropriate documents outlining the ownership of
private roads, common area, and other common facilities, and
submission and approval of a Final Plat.
9) Each space shall have electricity and water, by means of
individual meters for lots that are to be conveyed to individual
owners, or by master meters provided by the RV Park for spaces
that are not conveyed to individual owners, and a sanitary sewer
service. In lieu of sanitary sewer, a sewage package system
Attachment number 14
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Item # 5
7 - 3
provided by the RV Park with service to each space shall be
allowed.
10) An RV which will occupy a space or a lot for more than thirty (30)
consecutive days must first secure a permit from the Augusta
Richmond County Planning Commission. All RV’s must have all
licenses appropriate to the state and county of origin, and in no
case shall such vehicles be considered real property.
11) An RV Park shall meet all provisions of the Augusta Tree
Ordinance, including the appropriate tree quality points in addition
to providing the buffer requirements at 7-2 (a) of this section.
(b) Animal kennels, boarding of animals, and animal grooming establishments
provided that the following conditions are met:
(1) The minimum size of any tract of land proposed for use under this
section shall be two (2) acres.
(2) No activity permitted under this section shall be conducted within
four hundred (400) feet of a permanent dwelling or manufactured
home located on another tract of land. \
(3) The applicant for a Special Exception under this section shall
submit a site plan showing the boundaries of the property to be
used, its dimensions, the location of existing and proposed
structures to be used for the purpose of this section, and the
distance from these locations to any dwelling or manufactured
home located on adjacent tracts of land.
Attachment number 14
Page 38 of 163
Item # 5
7 - 4
7-3 Special Exceptions
Any use established as a result of a special exception granted per Subsection 7-2 must be
initiated within six (6) months of the granting, or the Special Exception shall no longer be
valid. The initiation of a use is established by the issuance of a valid business license by
the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended January 2008 – Section 7-2 (a)
Amended November 2007, Section 7-2(a)
Amended May 2005, Section 7-1 (h) (i)
Amended Sept. 2004, Section 7-3
Attachment number 14
Page 39 of 163
Item # 5
8 - 1
RESIDETIAL DISTRICT CLASSIFICATIO
SECTIO 8
R-1 (OE-FAMILY RESIDETIAL) ZOE
8-1 Permitted Uses:
(a) One family detached dwellings the gross floor area of which is not more than two
times the average gross floor area or less than 60% of the average gross floor area
of existing homes located on lots in whole or in part within 300 feet of the
boundaries of the subject lot. Gross floor area shall include the entire area located
under the roof of the principal structure, including finished attics, attached
garages, and basements, and it shall be as presented in the online information of
the Augusta Richmond County Tax Assessor’s Office.
(b) Fence, walls: A fence, latticework screen or wall in a required side or rear yard
shall not exceed six (6) feet in height. A fence, latticework screen or wall located
in a required front yard shall be limited to four (4) feet in height. Any fence, wall,
or landscape feature located at the corner of intersecting streets described in
Section 3-6 of this Ordinance shall be subject to additional restrictions discussed
in that subsection.
(c) Yard Sales provided that no more than two (2), lasting no more than three (3)
days per time, are conducted at a single address during a calendar year.
(d) Accessory buildings and uses as described elsewhere in this section.
(e) Conservation Subdivisions where the overall density of development including
portions of the tract devoted to greenspace does not exceed 3 lots per acre.
(f) Residential facilities for handicapped persons as defined at 42 U.S.C. 3602
except for such uses that are addressed at 26-1(g), 26-1(p) and 35-10 of this
Ordinance.
Amended August 2008 - Section 8-1 (a)
Amended June 2008 – Section 8-1 (f)
8-2 Special Exceptions: The following may be permitted in an R-1 Zone by Special
Exceptions:
(a) Single-family attached and detached dwellings and condominiums developed in
accordance with Section 13 provided that the density of dwellings shall not
exceed three (3) units per acre.
(b) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
(c) Ponds, whether impoundment or excavations, in excess of the following
maximum pond area to lot area ratios may be permitted by Special Exception:
LOT AREA MAXIMUM POND/LOT AREA RATIO
Less than 2 acres 2%
2 - 5 acres 20%
Over 5 acres 40%
Attachment number 14
Page 40 of 163
Item # 5
8 - 2
Ponds smaller than the maximum ratios shall be permitted uses by right.
Retention or detention ponds approved as part of a Site Plan or Subdivision
Development Plan shall also be permitted uses by right. A Grading Plan or a Soil
Erosion Plan, depending on the size of the disturbed area shall be submitted and
approved before construction of a pond requiring Special Exception commences.
Such plan shall include the following statement:
"The pond as shown hereon is the private property of the owner,
who has full and perpetual responsibility for the maintenance and
repair. The owner releases Augusta, Georgia, from any and all
claims, damages, or demands arising on account of or in
connection with the design, construction, and maintenance of the
pond as shown hereon. Augusta, Georgia, assumes no liability or
duty related thereto, and in no manner approves or assumes
liability for the design of the pond as shown hereon."
(d) Construction trailers may be allowed in a subdivision with an approved
Development Plan subject to the following criteria:
(1) A Manufactured Home Permit must be acquired from the Augusta-
Richmond County Planning Commission for the construction trailer;
(2) The construction trailer must be located away from the front entrance of
the subdivision, preferably in the rear of the subdivision, and in the area of
the last homes to be developed in the subdivision. The construction trailer
must be located as far as possible from any existing stick-built residential
homes in adjoining subdivisions, but in no case shall the construction
trailer be located within 150 feet of a site-built residential home located in
an adjoining subdivision;
(3) No sale of lots or homes is to take place from this construction trailer - the
construction trailer is to be used for construction related business only;
(4) The construction trailer is to be tied down, underpinned, have wooden
steps with hand-rails and have a gravel parking area. Any outside items
need to be maintained in a neat and orderly manner;
(5) The Owner/Developer must provide the Planning Commission with the
following certification: "The Owner/Developer/Contractor will not hold
Augusta, GA liable for any claims, damages or demands arising on
account of or in connection with the placement of the construction trailer
within the subdivision.";
(6) The construction trailer will be moved off of the subject property within
48 hours of the commencement of the last home in the subdivision - -or
The construction trailer must me moved off of the subject property within
48 hours of the expiration of Development Plan approval for the
subdivision; and
(7) Inspection will be made by the License and Inspection Department every
twelve (12) months.
(e) Sales trailers may be allowed in a subdivision with an approved Development
Plan subject to the following criteria:
Attachment number 14
Page 41 of 163
Item # 5
8 - 3
(1) A Manufactured Home Permit must be acquired from the Augusta-
Richmond County Planning Commission for the sales trailer;
(2) Sales trailers must be located in excess of 500 feet from any public street
that is not part of the subdivision, and 150 or more feet from a site-built
residential home located in an adjoining subdivision;
(3) The sales trailer is to be tied down, underpinned, have wooden steps with
hand-rails and have a gravel parking area. Any outside items need to be
maintained in a neat and orderly manner;
(4) Areas not left natural or used for parking must be landscaped or sodded;
(5) The Owner-Developer must provide the Planning Commission with the
following certification: "The Owner/Developer/ Contractor will not hold
Augusta, GA liable for any claims, damages or demands arising on
account of or in connection with the placement of the sales trailer within
the subdivision;
(6) Permits for the sales trailer would be issued for one (1) year and could
only be renewed at the discretion of the Planning Commission Staff;
(7) The sales trailer will be moved off of the subject property within 48 hours
of the commencement of the last home in the subdivision - or the sales
trailer must be moved off of the subject property within 48 hours of the
expiration of Development Plan approval for the subdivision; and
(8) Inspection will be made by the License and Inspection Department every
twelve (12) months in conjunction with the renewal of the Mobile Home
Permit.
(f) Sales offices may be allowed in new subdivisions with approved Final Plats
subject to the following criteria:
(1) Sales offices must be located on lots designated on the approved Final
Plats of new subdivisions, must be for sales of lots within that subdivision
only, and must adhere to all minimum setback requirements;
(2) Parking areas for sales offices cannot exceed the normal parking pad for
the lot/home and must be comparable in size and construction to other
parking pads in the neighborhood. The parking pad must be constructed
prior to issuance of the Certificate of Occupancy;
(3) For subdivisions requiring sidewalks, the sidewalk on this lot must be
constructed prior to issuance of the Certificate of Occupancy;
(4) Areas not left natural or used for parking must be landscaped or sodded
prior to the Certificate of Occupancy;
(5) One real estate or developer’s sign less than six square feet in area may be
allowed on the property. No banners as defined by Section 28-B-2 of the
Comprehensive Zoning Ordinance will be allowed on the property;
(6) Adjoining lots (whether grassed or graveled) may not be used for parking;
(7) The sales aspect of the sales office will cease and desist within 48 hours of
the commencement of the last home in the subdivision.
(g ) One family detached dwelling the average gross floor area of which is more than
two times the average gross floor area or less than 60% of the gross floor area of
existing homes located on lots in whole or in part within 300 feet of the
Attachment number 14
Page 42 of 163
Item # 5
8 - 4
boundaries of the subject lot. Gross floor area shall include the entire area located
under the roof of the principal structure, including finished attics, attached
garages, and basements, and it shall be as presented in the online information of
the Augusta Richmond County Tax Assessor’s Office.
Amended January 2005 – Section 8-2 (a)
Amended May 2004 – Section 8-2 (e)
Amended Sept. 2006 – Section 8-2 (f)
8-3 Home Occupations:
a) Intent. The conduct of businesses in residential units may be permitted under the
provisions of this section. It is the intent of this section to:
1) ensure the compatibility of home occupations with other uses permitted in
residential districts;
2) maintain and preserve the character of residential neighborhoods; and
3) permit certain limited home occupations which are useful to both the
general community as well as the resident-proprietor.
b) Required Conditions. A home occupation is an activity carried out for gain by a
resident conducted as an accessory use in the resident's dwelling unit subject to
the following conditions:
1) Home occupations shall be limited to personal services such as are
furnished by a music teacher, artist, beautician, seamstress, and in-house
offices;
2) Home occupations shall not include retail businesses, manufacturing
businesses nor repair businesses;
3) Home occupations shall be situated in the same dwelling unit as the home
of the occupant, and the individual responsible for the home occupation
shall live in the dwelling unit;
4) The home occupation shall not occupy nor affect more than twenty-five
percent (25%) of the heated floor area of the dwelling unit. It shall be
carried on wholly within the principal building constituting the dwelling
unit. No home occupation nor any storage of goods, materials, or products
conducted with a home occupation shall be allowed in an accessory
building, garage, carport, or porch, attached or detached.
5) There shall be no exterior indication of the home occupation; no exterior
signs nor other on-site advertising visible from the exterior; no audible
noise, detectable vibration, inordinate illumination, no odor; no entrance
or exit way specifically provided for the conduct of business; and
vehicular or pedestrian traffic shall not be generated in volumes greater
than would normally be expected by a single family residence.
6) For home occupations established after November 15, 1983 there shall be
no assistants employed. Home occupations established prior to that date
may have two assistants.
7) Where special equipment is used the Building Code of Augusta-Richmond
County shall govern the size of electrical wiring, plumbing, etc., which
must be installed before such home occupation may begin.
Attachment number 14
Page 43 of 163
Item # 5
8 - 5
8) When a home occupation is to be conducted on property not owned by the
applicant or operator, written permission from the owner is required.
c) Special Use Permits. All home occupations shall have Special Use Permits.
Special Use Permits shall be granted upon payment of a fee and a finding that a
proposed home occupation would conform to the conditions at 8-3(b) and that no
detrimental impact upon the surrounding residential area would be expected.
1) Special Use Permits may be granted administratively by the Executive
Director of the Augusta-Richmond County Planning Commission for
certain home occupations such as computer, telephone, or mail based
businesses or offices, or other similar businesses where, in the opinion of
the Executive Director, there is no potential for customers to visit the
residence, or for excessive mail, truck or other material deliveries to the
residence.
2) For all other home occupations, Special Use Permits shall be granted by
the Board of Zoning Appeals.
3) Applications for all Special Use Permits for home occupations shall be
made with the Augusta-Richmond County Planning Commission.
4) Special Use Permits shall be granted to a designated person who resides at
a residential address, and they shall not be transferable from person to
person, address to address, or use to use.
5) Special Use Permits, once granted, may be revoked by the Augusta-
Richmond County Commission upon advisement by the Augusta-
Richmond County Planning Commission for cause after a hearing before
the former commission.
6) An individual granted a Special Use Permit for a home occupation has a
period of one year from the date of approval to begin operation of the
home occupation. Prior to beginning operation of the home occupation a
business license must be obtained. Anyone that fails to begin operation of
the home occupation within one year time period forfeits the home
occupation right previously granted.
7) A Special Use Permit may be denied if a home occupation could be
hazardous or injurious to the welfare of the community or if compliance
with the requirements of this section has not been met.
d) Family day care homes - may be granted Special Use Permit administratively by
staff as provided for at 8-3(c)(1) if they conform to the criteria set at 8-3(b), 26-
1(f), and the following special criteria. Those applicants for family day care
homes that conform to 8-3(b) and 26-1(f) but do not conform to the special
criteria may be approved by Special Exception as provided for in Section 26.
Special criteria for staff approval of Family Day Care Homes are:
i. Applicant must live in the home
ii. Home has public sewerage or applicant has a letter of approval
from the Richmond County Board of Health
iii. Home is not in the floodplain
Attachment number 14
Page 44 of 163
Item # 5
8 - 6
iv. Applicant must provide proof of application for registration from
the Georgia Department of Human Resources Day Care Licensing
Unit
v. The lot on which the family day care home would be located is
10,000 square feet in area or greater
vi. Hours of operation would not be greater than 6:00 A.M. to 8:00
P.M.
vii. No persons listed with Richmond County Sex Offenders Registry
reside within 1,000 feet of the property.
Amended June 2008 – Section 8-3-(d)
8-4 Accessory Building: One-story accessory buildings not to exceed eighteen (18) total
feet in height may be constructed in the R-1 Zone, subject to the following restrictions:
(a) All accessory buildings shall have the side yard setback required for principal
structures as specified elsewhere in this Ordinance.
(b) All accessory buildings shall have a rear yard setback of not less than ten (10)
feet, including eaves and other overhanging portions of the structure.
(c) Except for carports and detached garages, accessory buildings shall not permitted
in any front yard. Carports and freestanding garages shall conform to the front
setback requirements for principal structures.
(d) Where the rear yard abuts upon a street, no accessory building shall be closer to
the rear lot line than the required setback for the zone.
(e) That the maximum total gross floor area of all accessory buildings on a lot shall
be based on the area of the lot upon which they are located. The maximum gross
floor area for accessory buildings shall be as follows:
Lot Area Maximum Accessory Building Area
Under 10,000 square feet 5% of lot area
10,000 square feet or larger greater of 500 square feet or 3% of
lot area, but never more than 1,200
square feet
(f) Accessory buildings shall not be designed and used for residential purposes.
They shall not contain bedrooms. If an accessory building contains kitchen
facilities of any description, then a deed restriction must be recorded stating that
the accessory building is not a residential structure and can never be occupied as
such before a permit may be issued. Accessory buildings may not be used to
conduct home occupations or serve as home offices. In no case may an accessory
building have a separate electrical service.
Amended January 2008 – Section 8 – 4 (e) (f)
8-5 DELETED.
8-5.1 TV Satellite Dish Antenna As An Accessory Use: TV Satellite dish antennas shall be
permitted as an accessory use in the R-1 Zone. All TV satellite dish antennas shall
adhere to the setback requirements for accessory structures, except that no regulated
Attachment number 14
Page 45 of 163
Item # 5
8 - 7
satellite dish antenna may be located in any front yard. TV Satellite dishes less than one
(1) meter in diameter shall not be regulated.
8-6 Height: No building or structure hereafter shall be erected, constructed or altered in an
R-1 Zone to exceed a height of two and one-half (2-1/2) stories or forty-five (45) feet.
8-7 Area: Every lot in an R-1 Zone shall have a minimum width of one hundred (100) feet
and minimum area of 15,000 square feet. Irregularly-shaped lots shall measure a
minimum of one hundred feet in width along the building setback line.
8-8 Setbacks:
(a) Front Setback: There shall be a front yard setback in an R-1 Zone of not less than
thirty (30) feet from any structure to the front lot line on minor or local streets and
a front setback of forty (40) feet from any structure to the front lot line on all
other streets and highways. For lots in Residential Subdivisions, approved after
adoption of this Section, where a sixty (60) foot or greater right-of-way is utilized
and such lots are approved by the Augusta-Richmond County Planning
Commission, there shall be a front setback or not less than twenty-five (25) feet
from any structure to the front lot line on minor or local streets.
Where a lot is situated in a block face with non-uniform front setbacks, the
minimum front setback requirement on such lot shall be the average of the front
yards of the existing structures on the block face. In the event the average front
setbacks of the block face exceed fifty (50) feet, there shall be no setback
requirement greater than a distance of fifty (50) feet from the front of the building
to the front lot line. If there are less than two (2) existing structures located
within 500 feet on either side of the lot in question, then the provisions regarding
non-uniform lots shall not apply.
(b) Side Setback: The side yard setback for principal structures in an R-1 Zone are as
follows:
(1) Lots having a width of fifty-five (55) feet or less shall have two (2) side
yards each having a width of not less than five (5) feet.
(2) Lots having a width of fifty-six (56) to seventy (70) feet shall have two (2)
side yards each having a width of not less than seven (7) feet.
(3) Lots having a width of over seventy (70) feet shall have two (2) side yards
each having a width of not less than ten (10) feet.
(c) Rear Setback: There shall be a rear yard setback for lots in an R-1 Zone of not
less than twenty percent (20%) of the depth of the lot but such yard need not
exceed fifty (50) feet.
8-9 Lot Coverage: Not more than thirty percent (30%) of the area of a lot in an R-1 Zone
may be covered by buildings or structures, provided that such lot coverage need not be
reduced to eight hundred (800) square feet.
8-10 Special Exceptions
Any use established as a result of a special exception granted per Subsection 8-2 must be
initiated within six (6) months of the granting, or the Special Exception shall no longer be
valid. The initiation of a use is established by the issuance of a valid business license by
Attachment number 14
Page 46 of 163
Item # 5
8 - 8
the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2004, Section 8-10
Attachment number 14
Page 47 of 163
Item # 5
9 - 1
RESIDETIAL DISTRICT CLASSIFICATIO
SECTIO 9
R-1A (OE-FAMILY RESIDETIAL) ZOE
9-1 Permitted Uses:
(a) Any use permitted in an R-1 Zone subject to the restrictions and regulations of the
R-1 Zone; and
(b) All the provisions and regulations which apply to the R-1 (One-family Zone) shall
apply to the R-1A Zone, except that every lot in an R-1A Zone shall have a
minimum width of eighty (80) feet and a minimum area of ten thousand (10,000)
square feet.
(c) Conservation Subdivisions where the overall density of development including
portions of the tract devoted to greenspace does not exceed 4 lots per acre.
9-2 Special Exception: The following may be permitted in an R-1A Zone by Special
Exception:
(a) Single-family attached and detached dwellings and condominiums developed in
accordance with Section 13, provided that the density of dwellings shall not
exceed four (4) units per acre.
(b) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
9-3 Special Exceptions
Any use established as a result of a special exception granted per Subsection 9-2 must be
initiated within six (6) months of the granting, or the Special Exception shall no longer be
valid. The initiation of a use is established by the issuance of a valid business license by
the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2004, Section 9-3
Amended Jan. 2005 – Section 9-2(a)
Attachment number 14
Page 48 of 163
Item # 5
10 - 1
RESIDETIAL DISTRICT CLASSIFICATIO
SECTIO 10
R-1B (OE-FAMILY RESIDETIAL) ZOE
10-1 Permitted Uses
(a) Any use permitted in the R-1A Zone subject to the restrictions and regulations of
the R-1A Zone;
(b) All the provisions and regulations which apply to the R-1A Zone shall apply to
the R-1B Zone, except that every lot in the R-1B Zone shall have a minimum
width of seventy-five (75) feet and a minimum area of 7,500 square feet; and
(c) Conservation subdivisions where the overall density of development, including
portions of a tract devoted to greenspace does not exceed 5 lots per acre.
10-2 Special Exception: The following may be permitted in an R-1B Zone by Special
Exception:
(a) Single-family attached and detached dwellings and condominiums developed in
accordance with Section 13, provided that the density of dwellings shall not
exceed five and one-half (5-1/2) units per acre.
(b) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
10-3 Special Exceptions
Any use established as a result of a special exception granted per Subsection 10-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2004, Section 10-3
Amended Jan. 2005 – Section 10-2(a)
Attachment number 14
Page 49 of 163
Item # 5
11 - 1
RESIDETIAL DISTRICT CLASSIFICATIO
SECTIO 11
R-1C (OE-FAMILY RESIDETIAL) ZOE
11-1 Permitted Uses
(a) Any use permitted in the R-1B Zone subject to the restrictions and regulations of
the R-1B Zone;
(b) All the provisions and regulations which apply to the R-1B Zone shall apply to
the R-1C Zone, except that every lot in the R-1C Zone shall have a minimum
width of sixty (60) feet and a minimum area of 6,000 square feet; and
(c) Conservation subdivisions where the overall density of development, including
portions of a tract devoted to greenspace does not exceed 7 lots per acre.
11-2 Special Exception: The following may be permitted in an R-1C Zone by Special
Exception:
(a) Single-family attached and detached dwellings and condominiums developed in
accordance with Section 13, provided that the density of dwellings shall not
exceed seven (7) units per acre.
(b) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
11-3 Special Exceptions
Any use established as a result of a special exception granted per Subsection 11-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2004, Section 11-3
Amended Jan. 2005, Section 11-2 (a)
Attachment number 14
Page 50 of 163
Item # 5
12 - 2
RESIDETIAL DISTRICT CLASSIFICATIO
SECTIO 12
R-1D (OE-FAMILY RESIDETIAL) ZOE
12-1 Permitted Uses: The following uses may be permitted in an R-1D district upon
determination by the Planning Commission that a request conforms to the requirements
of this Section, that it is compatible with surrounding development, and that it promotes
the planning policies and objectives for the specific and general areas in which it is
located:
(a) Any use permitted in Sections 8 through 11 of this Ordinance.
(b) Single-family attached dwellings in groups of two joined at a common lot line.
(c) Common open space or recreational areas and uses intended for the primary use
and enjoyment of the residents of the proposed development.
(d) Single-family detached dwellings.
12-2 Lot Size: Every lot in an R-1D Zone shall have a minimum width of forty feet and a
minimum area of four thousand (4,000) square feet.
12-3 Setbacks:
(a) Front Setback: On arterial, collector, industrial or major streets and highways, the
minimum setback in the R-1E Zone shall be the same as Section 8-8 (a). On local
or minor streets, the minimum setback in the R-1E zone shall be 15 feet to the
front lot line.
(b) Side Setback: All detached dwellings shall have a side setback not less than five
feet. Where a side yard abuts a zone described in Sections 8 through 11 of this
Ordinance, no structure may be constructed within 25 feet of the boundary of that
zone. If a six foot brick or stucco wall is constructed beginning at the front
setback line and extending along the entire side property line adjoining the zone
described in Sections 8 through 11 of this Ordinance, then the required setback
shall be fifteen (15) feet. Where a side yard abuts a public street the provisions for
front setbacks shall apply.
(c) Rear Yard: The rear setback shall be the greater of twenty-five (25) feet or twenty
(20) percent of the depth of the lot, but such yard need not exceed fifty (50) feet.
12-4 Building Height: No building or structure shall be constructed in an R-1D Zone to
exceed a height of two and a half (2-1/2) stories or forty-five (45) feet.
12-5 Parking: A minimum of two (2) parking spaces for each dwelling unit shall be provided
in the R-1D Zone.
12-6 Lot Coverage: There shall be no maximum lot coverage in the R-1D Zone.
12-7 Application for Approval: All applications for development or a change of zoning to an
R-1D Zone shall be accompanied by the following:
(a) A plat of the land to be included in the total development showing all rights-of-
way and easements affecting the property to be rezoned to an R-1D classification.
Attachment number 14
Page 51 of 163
Item # 5
12 - 3
(b) A plat of the lots and the boundaries thereof along with the square footage
contained in each lot and the location and rights-of-way of proposed streets in the
total development.
(c) The location of buildings and the number of stories contained in each.
(d) The preliminary location of water supply, sanitary, and storm sewer systems.
(e) The location of all curb cuts, driving lanes and parking areas.
(f) The location and type of all common areas (pedestrian walkways, open spaces,
recreational uses), including a statement of the method to be used to insure
continued maintenance of such areas.
(g) The location and height of all walls, fences and screen plantings.
(h) A typical tentative plan showing front elevations of the proposed dwellings
including a tentative statement indicating the type of construction to be used.
(i) A tabulation of the total area, number of dwelling units, and overall density per
acre.
12-8 Revision of Plans After Final Approval: Any request to change an approved
development plan which affects the intent and character of the development, the density
or land use pattern, the location or dimension of streets, or similar changes, shall follow
the procedures set forth in Section 35 of this Ordinance. A request for revision of the
development plan shall be supported by a written statement of why the revisions are
necessary or desirable.
12-9 Compliance with Subdivision Regulations: The development shall comply with the
pertinent requirements of the Subdivision Regulations for Augusta-Richmond County.
12-10. Buffer Yard: A 10 foot wide buffer yard which meets the requirements of the Augusta
Richmond County Tree Ordinance as it pertains to side buffer yards is required along an entire
side or rear boundary of the proposed development if:
(a) The proposed average lot size for the proposed development is less than 80% of the
average of the size of existing residential lots within 300 feet of a side or rear
boundary of the proposed development; or
(b) The proposed average lot size for the development is less than 80% of the minimum
lot size permitted by the zoning classification of property within 300 feet of a side or
rear boundary of the proposed development if such property is undeveloped but zoned
single family residential or agricultural.
Amended January 2008 – Section 12-10
Amended September 2007 – Section 12-3 (a)
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RESIDETIAL DISTRICT CLASSIFICATIO
SECTIO 13
R-1E (OE-FAMILY RESIDETIAL) ZOE
Statement of Intent: The intent of this section is to allow greater flexibility in the integration of
various types of owner-occupied housing.
13-1 Permitted Uses: The following uses may be permitted in an R-1E district upon
determination by the Planning Commission that a request conforms to the requirements
of this Section, that it is compatible with surrounding development, and that it promotes
the planning policies and objectives for the specific and general areas in which it is
located:
(a) Any use permitted in Sections 8 through 12 of this Ordinance.
(b) Single-family attached dwellings (condominiums or subdivisions).
(c) Multi-family condominium structures.
13-2 Lot Size: There shall be no minimum lot size or lot width in the R-1E Zone.
13-3 Setbacks:
(a) Front Setback: On arterial, collector, industrial or major streets and highways, the
minimum setback in the R-1E Zone shall be the same as Section 8-8 (a). On local
or minor streets, the minimum setback in the R-1E zone shall be 15 feet to the
front lot line.
(b) Side Setback: The side setback provisions of Section 12 of this Ordinance shall
apply to the R-1E Zone.
(c) Rear Setback: The rear setback provisions of Section 12 of this Ordinance shall
apply to the R-1E Zone.
13-4 Coverage: There shall be no maximum lot coverage in the R-1E Zone.
13-5 Building Height: No building or structure shall be erected or constructed in an R-1E
Zone to exceed a height of two and one-half (2-1/2 ) stories or forty-five (45) feet.
13-6 Building Length: There shall be no continuous residential structures such as
townhouses, attached dwellings, or multifamily dwellings containing more than eight (8)
dwelling units.
13-7 DELETED.
13-8 Density Requirements: The maximum number of dwelling units per acre permitted in
the R-1E Zone shall be ten (10). The number of units allowable shall be computed by
multiplying the total acreage of the tract by ten (10).
13-9 Open Space Requirement: Not less than twenty-five (25) percent of the development
shall be maintained as permanent open space. Such open space may include common
areas, buffers, landscaped yards, water areas and any natural areas. Such open space shall
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be computed beginning five (5) feet outside the building walls. Parking and other paved
surfaces, except patios and courtyards, shall not count toward this open space
requirement. Any required open space may be left under individual ownership if it falls
on an individual lot, but a property owners' association shall maintain any common area
not dedicated to the Augusta-Richmond County Commission. Restrictive covenants,
declarations and restrictions running with the land shall provide for access across and
permanent maintenance and protection of the common space within these requirements.
13-10 Off-Street Parking Regulations:
(a) A minimum of two (2) parking spaces for each dwelling unit shall be provided in
the R-1E Zone.
(b) Where off-street parking is arranged so as to require backing from more than four
contiguous spaces directly onto a public street, the minimum parking space
dimensions shall be ten (10) feet in width and twenty-five (25) feet in length.
(c) No off-street parking shall be arranged so as to require backing from a space
directly into a collector or an arterial street.
13-11 Application for Approval: All applications for development or a change of zoning to an
R-1E Zone shall be accompanied by the following:
(a) A plat of the land to be included in the total development showing all rights-of-
way and easements affecting the property to be rezoned to an R-1E classification.
(b) A plat of the lots and the boundaries thereof along with the square footage
contained in each lot and the location and rights-of-way of proposed streets.
(c) The location of buildings and the number of stories contained in each.
(d) The preliminary location of water supply, sanitary and storm sewer systems.
(e) The location of all curb cuts, driving lanes and parking areas.
(f) The location and type of all common areas (pedestrian walkways, open spaces,
recreational uses) including a statement of the method to be used to insure
continued maintenance of such areas.
(g) The location and height of all walls, fences and screen plantings.
(h) A typical tentative plan showing elevations of the proposed dwellings, including a
tentative statement indicating the type of construction to be used.
(i) A tabulation of the total area, number of dwelling units, and overall density per
acre.
13-12 Revision of Plans After Final Approval: Any request to change an approved
development plan which affects the intent and character of the development, the density
or land use pattern, the location or dimension of streets, or similar changes, shall follow
the procedures set forth in Section 35 of this Ordinance. A request for revision of the
development plan shall be supported by a written statement of why the revisions are
necessary or desirable.
13-13 Compliance with Subdivision Regulations: The development shall comply with the
pertinent requirements of the Subdivision Regulations for Augusta.
13-14. Buffer Yard: A 10 foot wide buffer yard which meets the requirements of the Augusta
Richmond County Tree Ordinance as it pertains to side buffer yards is required along an entire
side or rear boundary of the proposed development if:
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(a) The proposed average lot size for the proposed development is less than 80% of the
average of the size of existing residential lots within 300 feet of a side or rear boundary
of the proposed development; or
(b) The proposed average lot size for the development is less than 80% of the minimum
lot size permitted by the zoning classification of property within 300 feet of a side or rear
boundary of the proposed development if such property is undeveloped but zoned single
family residential or agricultural.
Amended January 2008 – Section 13-14
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RESIDETIAL DISTRICT CLASSIFICATIOS
SECTIO 14
R-MH (MAUFACTURED HOME RESIDETIAL) ZOE
14-1 Permitted Uses:
(a) Any use permitted in the R-1 (One-family) Zone, subject to the restrictions and
regulations of the R-1 Zone.
(b) Manufactured Home Parks in accordance with the requirements of Section 27 of
this Ordinance.
(c) Manufactured Homes on individual lots in accordance with the provisions of
Section 27 of this Ordinance.
14-2 Height: The height provisions of the R-1 (One-family) Zone shall apply.
14-3 Area: Every lot in an R-MH (Manufactured Home Residential) Zone where
public sewer is to be used shall be 15,000 square feet. Every lot in an R-MH
(Manufactured Home Residential) Zone where an individual sewage disposal
system is to be used shall be developed in accordance with the provisions of the
Groundwater Recharge Area Protection Ordinance. The minimum lot (space)
area for manufactured home parks shall also be developed in accordance with the
provisions of the Groundwater Recharge Area.
14-4 Lot Width: The minimum lot width in the R-MH zone is 100 feet. For Manufactured
Home Parks the requirements shall be as set forth in Section 27 of this Ordinance.
14-5 Setbacks: Front, side, and rear yard setback requirements shall be the same as for the R-1
(One-family) Zone.
14-6 Lot Coverage: The lot coverage in the R-MH (Manufactured Home Residential) Zone
shall not be more than forty percent (40%).
Amended September 2005 – Sections 14-3 & 14-4
Attachment number 14
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Attachment number 14
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RESIDETIAL DISTRICT CLASSIFICATIOS
SECTIO 15
R-2 (TWO-FAMILY) ZOE
15-1 Permitted Uses:
(a) Any use permitted in the R-1 (One-family Residential) Zone, subject to the
restrictions and regulations of the R-1 Zone.
(b) Two-family Dwellings.
15-2 Special Exception: The following may be permitted in a R-2 Zone by Special
Exception.
(a) Single-family attached dwellings and condominiums developed in accordance
with Section 13 of this Ordinance, provided that the density of dwellings shall not
exceed the regulations set forth in Section 15-4 (b) of this Ordinance.
(b) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one (100) feet from the boundary of the
less restricted zone.
15-3 Height: The height provisions of the R-1 Zone shall apply to the R-2 (Two-family
Residential) Zone.
15-4 Area:
(a) Size of Tract: The maximum size of any tract to be zoned and developed under
an R-2 Zone shall be one (1) acre.
(b) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be two
thousand five hundred (2,500) square feet in an R-2 Zone.
(c) Tract Area: Every tract in an R-2 Zone shall have a minimum width of fifty (50)
feet and a minimum area of five thousand (5,000) square feet.
(d) Lot Coverage: Not more than forty percent (40%) of the lot shall be covered by
buildings or structures in an R-2 Zone.
15-4 Setbacks:
(a) Front Setbacks: The front yard setback provisions of Sections 8-11 shall apply to
the R-2 (Two-family Residential) Zone.
(b) Side Setbacks: The side yard setback provisions of Sections 8-11 of this
Ordinance shall apply to the R-2 (Two-family Residential) Zone.
(c) Rear Setbacks: The rear yard setback provisions of Sections 8-11 of this
Ordinance shall apply to the R-2 (Two-family Residential) Zone.
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15-5 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 15-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended August, 2006, Section 15-2 (a)
Amended Sept. 2004, Section 15-5
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RESIDETIAL DISTRICT CLASSIFICATIOS
SECTIO 16
R-3A (MULTIPLE-FAMILY RESIDETIAL) ZOE
16-1 Permitted Uses:
(a) Any use permitted in the R-2 (Two-family) Zone subject to the restrictions and
regulations of the R-2 Zone; and
(b) Multiple-family dwellings.
16-2 Special Exception: The following may be permitted in the R-3A Zone by Special
Exception.
(a) Lodging house or tourist house.
(b) Single-family attached dwellings and condominiums developed in accordance
with Section 13 of this Ordinance, provided that the density of dwellings shall not
exceed the regulations set forth in Section 16-5 (a) of this Ordinance.
(c) Family personal care homes subject to the criteria established in Section 26 of this
Ordinance.
(d) Group personal care homes.
(e) Fraternity or sorority houses.
(f) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
DELETED.
16-4 Height: The height provisions of the R-2 (Two-family) Zone shall apply to the R-3A
Zone.
16-5 Area:
(a) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be four
thousand (4,000) square feet in an R-3A Zone.
(b) Tract Area: Every tract in an R-3A Zone shall have a minimum width of eighty
(80) feet and a minimum area of ten thousand (10,000) square feet.
16-6 Lot Coverage: The lot coverage provisions of the R-2 (Two-family) Zone shall apply to
the R-3A Zone.
16-7 Setbacks:
(a) Front Setbacks: The front yard setback provisions of Sections 8-8 of this
Ordinance shall apply to the R-3A (Multiple-family) Zone.
(b) Side Setbacks: The side yard setback provisions of Sections 8-8 of this Ordinance
shall apply, provided when a side yard abuts a zone described in Sections 8-8 of
this Ordinance, no structure may be constructed within 25 feet of the boundary of
that zone. If a six (6) foot brick or stucco wall is constructed beginning at the
front setback line and extending along the entire side property line adjoining the
zone described in Sections 8-8 of this Ordinance, then the required setback shall
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be fifteen (15) feet. Where a side yard abuts a public street the provisions for front
setbacks shall apply.
(c) Rear Setbacks: The rear yard setback shall be the greater of twenty-five (25) feet
or twenty (20) percent of the depth of the lot, but such yard need not exceed fifty
(50) feet.
16-8 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 16-
2 must be initiated within six (6) months of the granting, or the Special Exception
shall no longer be valid. The initiation of a use is established by the issuance of a
valid business license by the Augusta License and Inspections Department or by
other reasonable proof of the establishment of vested rights. If a Special
Exception is granted and the use is initiated but later ceases to operate for a
period of one (1) year, then the Special Exception shall no longer be valid.
Amended August, 2006, Section 16-2 (b)
Amended Sept. 2004, Section 16-8
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RESIDETIAL DISTRICT CLASSIFICATIOS
SECTIO 17
R-3B (MULTIPLE-FAMILY RESIDETIAL) ZOE
17-1 Permitted Uses:
(a) Any use permitted in the R-3A (Multiple-family Residential) Zone subject to the
restrictions and regulations of the R-3A Zone;
(b) Single-family attached dwellings and condominiums developed in accordance
with Section 13 of this Ordinance, provided that the density of dwellings shall not
exceed the regulations set forth in Section 17-5 (a) of this Ordinance.
(c) Lodging or tourist home.
(d) Family and group personal care homes.
(e) Fraternity or sorority house.
17-2 Special Exception: The following may be permitted in the R-3B Zone by Special
Exception:
(a) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
17-3 DELETED.
17-4 Height: Maximum height shall not exceed four (4) stories or seventy-five (75) feet,
except that the height may be increased as provided for in Section 29 of this Ordinance.
17-5 Area:
(a) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be two
thousand five hundred (2,500) square feet in an R-3B Zone.
(b) Tract Area: The tract area provisions of the R-3A (Multiple-family Residential)
Zone shall apply to the R-3B Zone.
17-6 Lot Coverage: The lot coverage provisions of the R-3A (Multiple-family Residential)
Zone shall apply to the R-3B Zone.
17-7 Setbacks:
(a) Front Setbacks: The front yard setback provisions of the R-3A Zone shall apply to
the R-3B Zone.
(b) Side Setbacks: The side yard setback provisions of the R-3A Zone shall apply to
the R-3B Zone.
(c) Rear Setbacks: The rear yard setback provisions of the R-3A Zone shall apply to
the R-3B Zone.
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17-8 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 17-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended August 2006, Section 17-1 (b)
Amended Sept. 2004, Section 17-8
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RESIDETIAL DISTRICT CLASSIFICATIOS
SECTIO 18
R-3C (MULTIPLE-FAMILY RESIDETIAL) ZOE
18-1 Permitted Uses:
(a) Any use permitted in the R-3B (Multiple-family Residential) Zone subject to the
restrictions and regulation of the R-3B Zone;
(b) Single-family attached dwellings and condominiums developed in accordance
with Section 13 of this Ordinance, provided that the density of dwellings shall not
exceed the regulations set forth in Section 18-5 (a) of this Ordinance.
(c) Congregate personal care homes.
18-2 Special Exceptions: The following may be permitted in the R-3C Zone by Special
Exception:
(a) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
18-3 DELETED.
18-4 Height: Maximum height shall not exceed six (6) stories or one hundred and five (105)
feet, except that the height may be increased as provided for in Section 29 of this
Ordinance.
18-5 Area:
(a) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be one
thousand five hundred (1,500) square feet in an R-3C Zone
(b) Tract Area: The tract area provisions of the R-3A (Multiple-family Residential)
Zone shall apply to the R-3C Zone.
18-6 Lot Coverage: Not more than fifty percent (50%) of the lot may be covered by buildings
or structures.
18-7 Setbacks:
(a) Front Setbacks: The front yard setback provisions of the R-3A Zone shall apply to
the R-3C.
(b) Side Setbacks: The side yard setback provisions of the R-3A Zone shall apply to
the R-3C Zone.
(c) Rear Setbacks: The rear yard setback provisions of the R-3A Zone shall apply to
the R-3C Zone.
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18-8 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 18-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended August 2006, Section 18-1 (b)
Amended Sept. 2004, Section 18-8
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RESIDETIAL DISTRICT CLASSIFICATIOS
SECTIO 19
PUD (PLAED UIT DEVELOPMET) ZOE
Statement of Intent: The intent of this section is to permit greater flexibility and, consequently,
more creative and imaginative design for development of residential areas than is generally
possible under conventional zoning regulations. It is further intended to promote more
economical and efficient use of land while providing a harmonious variety of housing choices,
higher level of amenities, and preservation of natural qualities of open spaces. Within the
Planned Unit Development Zone a variety of housing types and land uses may be permitted in an
orderly relationship to one another and to existing land uses, as well as with due regard to
comprehensive planning within Augusta, Georgia.
19-1 Definition: For the purpose of this section a Planned Unit Development is defined as a
land development project comprehensively planned as an entity via a unitary site plan
which permits flexibility in building siting, mixtures of housing types and land uses,
usable open spaces, and the preservation of significant natural features. Other terms or
words used in this section shall be as defined in Section 2, General Definitions, of this
Ordinance.
19-2 Permitted Uses within a PUD (Planned Unit Development) Zone shall be primarily
residential in character, and may include the following:
(a) Single-family detached dwellings.
(b) Single-family attached dwellings (townhouse, duplex, condominium or similar
type).
(c) Multiple-family dwellings.
(d) Public or semipublic institutions (churches, schools, community or club facilities,
and similar uses).
(e) Recreational Facilities, including swimming pools, tennis courts, golf courses,
and other recreational facilities intended for the primary use and enjoyment of the
residents of the proposed development.
(f) Common open space.
(g) Accessory uses to those listed above.
(h) Uses permitted within a B-1 (Neighborhood Business) Zone subject to the
restrictions of that zone and provided that the uses proposed meet the following
criteria:
(1) The location is appropriate in relation to other land uses on or adjacent to
the proposed development.
(2) The proposed commercial or retail use is designed so that it will primarily
serve the residents of the proposed development.
(3) The uses shall not, by reason of their construction, manner of operation,
signs, lighting, parking arrangements, or other characteristics, have
adverse effects on residential uses within or adjoining the proposed
development, or create traffic congestion or hazards to vehicular or
pedestrian traffic.
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19-3 Size of Tract: The minimum size of any tract to be zoned and developed for a Planned
Unit Development shall be five (5) acres and the tract shall have permanent paved access
to a paved public road or a road to be paved and dedicated to the public.
19-4 Area Limitations:
(a) Commercial Uses: A maximum of five (5) percent of the total area of the
proposed development may be devoted to commercial use, provided it conforms
with the criteria set forth in the B-1 (Neighborhood Business) Section of this
Ordinance.
(b) Residential Uses: A maximum of seventy-five percent (75%) of the remaining
(noncommercial) area of the tract may be devoted to residential use. Residential
use shall be deemed to include streets, alleys, parking areas, private open spaces
and courts, and uses accessory to residential uses. It shall exclude portions of the
tract devoted to usable open space, recreational, or institutional uses.
(c) Open Space, Recreational, Public and Semipublic Institutional Uses: A minimum
of twenty-five percent (25%) of the remaining (noncommercial) area of the tract
shall be devoted to recreational and/or open space. Land in excess of the
minimum requirement for recreational and/or open space may be devoted to
public or semi- public institutional use. The area reserved for recreational and/or
open space uses shall be held in common for the enjoyment of the residents of the
development or dedicated to the Augusta- Richmond County Commission for the
use and enjoyment of the general public.
19-5 Lot and Building Size Requirements:
(a) Lot Size: There shall be no minimum lot size, no minimum side or rear setbacks,
no minimum percentage of lot coverage, no minimum lot width, provided,
however, that measures shall be taken to provide reasonable visual and acoustical
privacy for dwelling units. Furthermore, every dwelling unit shall have access to a
public or private street, common court or walkway, or other area dedicated to
public or common use.
(b) Building Heights: There shall be no maximum building height except in those
areas that are located within the Airport Approach Zones or Airport Turning
Zones established in Section 28 of this Ordinance.
(c) Building Length: There shall be no continuous residential structure such as
townhouses, attached dwellings, or multifamily dwellings containing more than
eight (8) dwelling units.
19-6 Density Requirements: The maximum number of dwelling units per acre permitted in
the residential areas of the Planned Unit Development Zone shall be twelve (12) units per
acre. The total number of dwelling units to be permitted in a Planned Unit Development
Zone shall be computed by subtracting the area to be used for roadways from the total
residential acreage and multiplying the remainder times twelve (12). When it is
determined that a greater density is consistent with planning principles by evaluating such
factors as the density of development of the surrounding area, environmental
considerations, and the road system serving the tract, a density greater than twelve (12)
units per acre may be approved by the Planning Commission.
19-7 Open Space Standards: Common open space required by these regulations shall be
developed in accordance with the following:
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(a) The amount of open space required by Section 19-4(c) of this Ordinance shall not
include land area devoted to other uses including private yards, patios or decks,
parking structures, open parking areas, driveways, or accessory structures, except
recreational structures. Land devoted to institutional uses, such as churches or
schools, may be included.
(b) Common open space shall be used for amenity or recreational purposes. The uses
proposed for the common open space must be appropriate to the scale and
character of the Planned Unit Development, considering the size, density,
expected population, topography, and the number and type of dwellings to be
provided.
(c) Common open space must be suitably improved for its intended uses, but
common open space containing natural features, existing trees and ground cover
worthy of preservation may be left unimproved.
(d) The buildings, structures, and improvements proposed in the common areas shall
be appropriate to the uses which are proposed for the common open space and
shall conserve and enhance the amenities of the common open space.
(e) The general statement of the proposed development staging required by the
Subdivision Regulations for Augusta-Richmond County must provide for
coordination of the improvement of the common open space with the construction
of buildings and structures in the common open space and the construction of
residential dwellings in the Planned Unit Development.
(f) Legal instruments guaranteeing the permanent retention and maintenance of the
common open space shall be prepared and recorded with the proper authorities.
19-8 General Development Requirements:
(a) Every Planned Unit Development shall be provided with a public water supply
and public sewage disposal system. In no case shall individual wells be allowed
as a method of water supply nor shall individual or community septic tanks be
allowed as a method of sewage disposal.
(b) Internal streets intended to be dedicated to the Augusta Commission shall
conform with the requirements of Article IV of the Subdivision Regulations for
the Augusta Commission. If private streets are proposed, the alignment and
gradient shall be properly adapted to the topography, to safe movement of traffic,
and to adequate control of surface water, ground water, and drainage. Private
streets shall be surfaced with a pavement acceptable to the Department of Public
Works and Engineering.
(c) Off-street parking shall be provided for each individual land use in accordance
with the requirements set forth in Section 4 of this Ordinance.
(d) Where a Planned Unit Development abuts another residential district, a permanent
open space at least twenty-five (25) feet wide, or greater if deemed necessary by
the Planning Commission or Augusta-Richmond County Commission shall be
provided along the property lines. The Planning Commission may require such
open space along all property lines if it is deemed desirable. This open space area
shall be left in its natural state or maintained with landscaping, and no driveway
or off-street parking shall be permitted in such open space. This area may be
included as part of the required open space.
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(e) At the discretion of the Planning Commission, the applicant requesting a rezoning
to a PUD (Planned Unit Development) Zone may be required to provide such
additional information as is deemed necessary to justify and support the type of
development proposed. Such information shall be in addition to that required
under Article V of the Subdivision Regulations for Augusta- Richmond County.
19-9 Revision of Plans after Final Approval: Any change in the approved development plan
which affects the intent and character of the development, the density or land use pattern,
the location or dimension of streets, or similar changes, shall be reviewed first by the
Planning Commission and then by the Augusta-Richmond County Commission after
receipt of the recommendation of the Planning Commission regarding the changes. A
request for revision of the development plan shall be supported by a written statement of
why the revisions are necessary or desirable.
Attachment number 14
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PROFESSIOAL/OFFICE DISTRICT CLASSIFICATIO
SECTIO 20
P-1 (PROFESSIOAL/OFFICE) ZOE
20-1 Permitted Uses:
(a) General offices where no retail or wholesale sales are conducted resulting in the
exchange of goods on the premises and where no vehicles or equipment other
than standard passenger vehicles (cars, vans, and pickup trucks) are parked or
stored on the premises.
(b) Physicians, lawyers, engineers, architects, and similar professional uses which
may occupy an entire building or group of buildings.
(c) DELETED.
(d) Branch banks or other financial institutions.
(e) Freestanding Automated Teller Machines.
(f) DELETED.
(g) Provision of the following services where no retail or wholesale activities are
conducted on the premises: insurance, finance, mortgage, accounting, appraisal,
business consultant, real estate, and other similar services.
(h) Beauty shops, barber shops.
(i) Uses customarily incidental to any of the above uses located within the same
building or group of buildings and accessory buildings, when located on the same
lot, including garages for the use of patrons and for employees.
(j) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
(k) Fence, walls: A fence, latticework screen, or wall in a required side or rear yard
shall not exceed six (6) feet in height. A fence, latticework screen, or wall located
in a required front yard shall be limited to four (4) feet in height. Any fence, wall,
or landscape feature located at the corner of intersection streets described in
Section 3-6 of this Ordinance shall be subject to additional restrictions discussed
in that subsection.
(l) Any office or professional use which is similar in character or nature to
the above mentioned uses upon approval and resolution of the Augusta-
Richmond County Planning Commission may be permitted in a P-1 zone.
20-2 Special Exceptions: The following Specials Exceptions shall apply in a P-1 Zone and
may be permitted upon approval of the location by the Augusta-Richmond County
Commission:
(a) Facilities for public or private assembly such as conference center, convention
centers, meeting rooms, hospitality facilities (if utilized for more than fourteen
total days per calendar year), and facilities utilized for similar social events.
Applications for special exceptions pursuant to this subsection shall be
Amended June 2005, Section 20-1 (l)
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accompanied by supportive documentation which describes in detail the
services to be provided and the proposed use and development of the site.
This supporting documentation shall illustrate conformity to the following
objective and subjective criteria. Special exceptions granted pursuant to
this subsection shall be specifically for the use described, and they shall be
invalid and automatically rescinded if the use changes substantially or
ceases to exist for a period of one year:
(1) Exterior lighting shall be designed so that the light is reflected
away from adjacent properties;
(2) If there are any single-family residences on adjoining properties
then all outdoor activities shall cease at 11:00 P.M.;
(3) Only one sign per street front shall be permitted. Such sign may
identify the business only, not to exceed 24 square feet in area, and
extend not higher than six feet above the ground. No such sign
may be internally lighted;
(4) Alcoholic beverages may not be sold on the premises. An open
bar where guests are not charged for drinks may be provided;
(5) The volume of amplified sound shall be kept at such a level that it
is not audible from any single-family residence;
(6) Parking facilities shall be provided as the staff deems necessary;
(7) The design and scale of any improvements shall be consistent with
the surrounding area;
(8) Improvements shall conform to all appropriate provisions of the
Tree Ordinance; and
(9) Additional conditions may be imposed if deemed appropriate to
the proposed use and location.
(b) Any use set forth in the R-3C zone, subject to the restrictions and
regulations of the R-3C Zone.
20-3 Height: Not to exceed three (3) stories nor higher than fifty-five (55) feet.
20-4 Setbacks:
Front Yard: The front yard setback provisions of the R-3A Zone shall apply to the P-1
Zone;
Side Yard: The side yard setback provisions of the R-3A Zone shall apply to the P-1
Zone;
Rear Yard: The rear yard setback provisions of the R-3A Zone shall apply to the P-1
Zone.
20-5 Maximum Individual Building Area: No individual building, whether freestanding or
attached as part of a planned center or similar group of buildings, may be constructed in
excess of 15,000 gross square feet in area after the effective date of the Ordinance
amendment.
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20-6 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 20-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2004, Section 20-6
Attachment number 14
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21 - 1
BUSIESS DISTRICT CLASSIFICATIOS
SECTIO 21
B-1 (EIGHBORHOOD BUSIESS) ZOE
21-1 Permitted Uses:
(a) Any use permitted in the P-1 (Professional/Office) Zone or the R-3C (Multiple-
family Residential) Zone subject to the restrictions and regulations of the
respective Zone.
(b) The following uses are authorized in a B-1 Zone:
(1) Apparel store
(2) Bakery
(3) DELETED.
(4) DELETED.
(5) Dry cleaning and laundry establishment, excluding steam and power
laundries, operated in conjunction with customer service counters and
limited to the dry cleaning and laundering of articles delivered to the
premises by individual customers provided, however, that no materials
may be used in any laundering or cleaning process which are explosive,
inflammable, combustible, or toxic in greater degree than
Perchlorethlylene or equivalent, and provided further that no odor, fumes,
or other nuisance producing agents are expelled in such a way as to be
detectable beyond the property line of the property used for such
businesses.
(6) Medical equipment and medical supply store
(7) Drive-in type retail business where a customer is waited upon in an off-
street parking area, or where a customer conducts business directly from a
vehicle with an agent in the building.
(8) Drug store
(9) Dry goods or notions store
(10) Florist or gift shop
(11) Grocery, fruit or vegetable market
(12) Hardware or electric appliance store
(13) Jewelry store
(14) Health spa, tanning booth, massage therapy establishment
(15) Meat market or delicatessen
16) Motel
(a) DELETED.
(b) There shall be staff or management on duty 24 hours per day 7
days per week;
(c) Each guest room shall have a minimum area of 280 square feet;
(d) No business license shall be issued for any business operated from
any guest room; and
(e) No more than half of the total number of guest rooms shall have
kitchenettes or any kitchen facilities.
(17) Music store
(18) Newsstand
(19) Video rental store
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(20) DELETED
(21) Photographer (including sale of supplies and equipment)
(22) Restaurant, tea room, or cafe (excluding dancing or entertainment)
(23) DELETED.
(24) Shoe store and shoe repair shop
(25) Supermarket
(26) Tailor
(27) Variety store
(28) Churches, parochial and private schools, transitional housing, family day
care homes, adult day care facilities, private hospitals, clubs (public and
private), and nursing homes. These uses are also permitted by Special
Exception in other zones discussed in Section 26-1 of this Ordinance.
Uses which would in any way involve detained persons, or persons who
would be or have been released from correctional facilities such as
halfway homes, or similar uses that in any way relate to corrections or
incarceration may not be permitted by right in the B-1 zone.
(29) Veterinarian Clinic (no outside kennels allowed)
(30) Group day care homes and day care centers.
(31) Establishments having less than three video electronic games or
amusements on site in conjunction with a permitted use other than a use
specializing in or characterized as a video electronic game room, arcade,
or similarly defined establishment. Where the property line of the
permitted use is located within 1500 feet of any property line of any
private or public educational institution having all or some combination of
grades kindergarten through twelfth, no electronic games or amusements
are allowed.
(32) Construction Trailers Subject to the following:
a) A Manufactured Home permit shall be acquired from the
Augusta- Richmond County Planning Commission;
b) The location for the Construction Trailer shall be shown
and approved on a Site Plan. Said location shall be as far
removed from and buffered from residential areas and
public streets as practical;
c) The Construction Trailer shall be tied down and
underpinned; and
d) The Construction Trailer shall be removed from the
property prior to issuance of a Certificate of Occupancy.
(c) The above specified businesses, stores, or shops shall be retail or service
establishments only.
(d) Any business which is similar in character or nature to the above mentioned uses
upon approval and resolution of the Augusta- Richmond County Planning
Commission may be permitted in a B-1 Zone.
Amended January 2005 – Section 21-1 (b)(32
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21 - 3
(e) Shopping Centers: The petitioner shall submit to the Planning Commission a
preliminary development plan for the shopping center showing the arrangement of
the buildings, off-street parking, internal traffic movement and service facilities
which are feasible for the property on which the center is to be located. The
petitioner shall plan the center to minimize any adverse effects on the property
surrounding the proposed development. The preliminary plot plan shall show the
following:
(1) Topographic features of the proposed development and the area within
two hundred (200) feet of the center.
(2) Proposed off-street parking layout.
(3) Loading zones.
(4) Planting areas.
(5) Driveways, entrances, and exits.
(6) General drainage system.
(7) Sign locations.
(8) Walkways.
(9) Water and gas mains.
(10) Power source.
21-2 Special Exceptions:
The following may be permitted in a B-1 Zone by Special Exception:
Application for such a Special Exception shall include a Conceptual Plan showing the
size and elevation of all buildings to be built on the site, proposed ingress and egress,
buffering if any beyond the minimum requirements of the Tree Ordinance, and all
proposed sign locations. The proposed use of the property shall also be disclosed.
a) Individual buildings - Individual buildings, whether freestanding or attached as part
of a shopping center or similar group of buildings, which would exceed 15,000 gross
square feet of area may be permitted by special exception in B-1 zones if they
generally conform to the following subjective and objective criteria:
• Surrounding area – the nature of the surrounding area is not predominantly
residential with only a few commercial uses interspersed;
• Location – the property is located at or within 500 feet of the intersection of two
arterial streets
• Nature of the use – the goods and services to be offered cater generally to the
surrounding area such as a drug store or a grocery store, not to the city as a whole
such as a large appliance store.
b) Convenience Stores - Convenience stores may be permitted by Special Exception in
B-1 zones if they generally conform to the following subjective and objective criteria:
• Hours of operation – the establishment would not be open for business more than
18 hours per day
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• Illumination – the entire site would not be illuminated as a way to attract
attention, but rather to a level consistent with security and identification of the
business
• Location – the property is located at or within 500 feet of the intersection of
arterial streets or within 500 feet of such an intersection
• Surrounding area – the nature of the surrounding area is not predominantly
residential with only a few commercial uses interspersed
• Video games/Amusements - video games/nor similar amusements are to be
located on the property
c) Liquor Store – Liquor stores may be permitted by Special Exception in B-1 zones if
they generally conform to the following subjective and objective criteria:
• Surrounding area – the nature of the surrounding area is not predominantly
residential with only a few commercial uses interspersed;
• Location – the property is at the intersection of two arterial streets or within 500
feet of such an intersection;
• Proximity to public places – the property is not within 1000 feet of a public park
or recreation area, school or library
21-3 DELETED.
21-4 DELETED.
21-5 Maximum height of buildings in a B-1 Zone shall not exceed three (3) stories nor
exceed fifty-five (55) feet in height.
21-6 Setbacks:
(a) Front Setback: The front yard setback requirements in Section 8 shall apply to
the B-1 (Neighborhood Business) Zone.
(b) Side Setback:
(1) Where the side yard of a lot in a B-Zone abuts the side of a lot in an R-
Zone, there shall be a side yard of not less than five (5) feet for each story
of twelve (12) feet in height, but such side yard shall not be less than ten
(10) feet in width. In all other cases, a side yard for a commercial building
shall not be required, but if provided, it shall not be less than three (3) feet
in width.
(2) On a corner lot in a B-Zone which abuts an R-Zone, there shall be
provided a side yard on the side street equal in depth to the required front
yard on said side street.
Amended May 2009 –Section 21-2
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(c) Rear Setback:
(1) Where the B-Zone abuts an R-Zone, there shall be a rear yard the greater
of twenty (20) percent of the depth of the lot or twenty (20) feet, but such
rear yard shall not exceed fifty (50) feet. In all other cases no rear yard
shall be required, but if provided, it shall not be less than three (3) feet in
depth.
21-7 Maximum Individual Building Area:
No individual building, whether freestanding or attached as part of a shopping center or
similar group of buildings, may be constructed in excess of 15,000 gross square feet in
area after the effective date of the Ordinance amendment, except as provided for at 21-
2(a).
21-8 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 21-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2004, Section 21-8
Attachment number 14
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Item # 5
22 - 1
BUSIESS DISTRICT CLASSIFICATIOS
SECTIO 22
B-2 (GEERAL BUSIESS) ZOE
22-1 Permitted Uses:
(a) Any use permitted in the B-1 (Neighborhood Business) Zone subject to the
restrictions and regulations of the B-1 Zone.
(b) The following uses are authorized in a B-2 (General Business) Zone:
(1) Stores and shops for the conducting of any retail business.
(2) Restaurants, cafes (including dancing and entertainment).
(3) Theaters, billiard or pool parlors, bowling alleys, skating rinks, or similar
recreational uses or places of assembly, and establishments having less
than three (3) video or electronic games or amusements on site in
conjunction with another permitted use other than a use or place
specialized in or characterized as being a video or electronic game room,
arcade, or similarly-defined establishment except where the property line
of the other permitted use lies within fifteen hundred (1,500) feet of the
property line of any public or private educational institution having all or
some combination of grades kindergarten through twelfth.
(4) Telephone offices and call centers.
(5) Baking, confectionery, dressmaking, dyeing, laundry, printing, tailoring,
upholstering, and similar establishments, and businesses of a similar and
no more objectionable character; subject to the following provisions: All
goods or products manufactured or processed shall be sold on the
premises. All such manufacturing and processing shall be done on the
premises.
(6) Golf Driving ranges subject to the following:
(a) That the minimum size of a tract to be used as a golf driving range
be ten (10) acres,
(b) That a one-hundred (100) foot buffer area be required between
surrounding properties and the golf driving range operation.
(7) Public parking garages, automobile parking lots and automobile sales lots.
(8) Flea Markets: Goods may be displayed outside buildings during daily
business operations, but goods must be stored inside buildings when daily
business operations cease. Buildings utilized in conjunction with flea
markets must conform to all appropriate codes. Prospective flea market
license applicants must also conform with Section 3 of Augusta-Richmond
County Ordinance Number 84-4.
(9) Mini-warehouses
(10) Travel Trailer Parks
(11) Business Parks, mixed use facilities where fifty (50) percent or more of
the gross leasable area of buildings is designed for and occupied by
commercial, retail, or service tenants, and the remainder is occupied by
wholesale, storage, or warehouse facilities. Adequate parking pursuant to
Section 4 of this Ordinance must be provided prior to the issuing of a
certificate of occupancy. No materials, machinery, equipment or products
may be stored outside of buildings in a business park. No loading doors
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shall be visible from a public road or from any R-1 (One-family
Residential) Zone. All delivery vehicles must be parked in the designated
loading areas.
(12) Video electronic game rooms or arcades. Prospective applicants for
licenses to operate electronic game rooms or arcades must conform with
Section 6-6-45 of the Augusta-Richmond County Code.
(13) Automobile service stations and automobile repair garages where no body
or fender repairs take place, provided that:
(a) All repair work and vehicle storage shall be conducted within an
area enclosed on all sides by a solid wall or finished board fence
not less than six (6) feet in height and maintained in good
condition at all times;
(b) No dismantling of vehicles to obtain auto parts or other such
activity shall be conducted;
(c) Such use shall be located at least one hundred (100) feet from any
residential district or use;
(d) There shall be no opening in said building on any side facing a
residential district or use other than a stationary window; and
(e) Nonconforming automobile repair garages and automobile service
stations shall be made to conform with Subsections (a) & (b) of
Section 22-1 (13) of this Ordinance.
(14) Gun Shops
(15) Pawn Shops
(16) Funeral Homes
(17) Car Wash
(18) Hotel - subject to the following restrictions and regulations:
(a) There shall be no direct vehicular access to any guest room;
(b) There shall be staff or management on duty 24 hours per day seven
days per week;
(c) Each guest room shall have a minimum of 280 square feet;
(d) No business license shall be issued for any business operated from
any guest room; and
(e) No more than half of the total number of guest rooms shall have
kitchenettes or any kitchen facilities.
(19) Liquor stores.
(20) Convenience stores.
(21) Fence, walls: A fence, latticework screen, or wall in a required front, side
or rear yard shall not exceed six (6) feet in height. Any fence, wall or
landscape feature located at the corner of intersecting streets described in
Section 3-6 of this Ordinance shall be subject to additional restrictions
discussed in that subsection.
22-2 Special Exceptions: The following may be permitted in a B-2 Zone by Special
Exception:
(a) Automobile body and fender repair provided that:
(1) All repair work and vehicle storage shall be conducted within an area
enclosed on all sides by a solid wall or finished board fence not less than
six (6) feet in height; and
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(2) No dismantling of vehicles to obtain auto parts or other such activity shall
be conducted; and
(3) Such use shall be located at least one hundred (100) feet from any
residential district or use.
(b) DELETED.
(c) Collection of materials for recycling subject to the following restrictions:
(1) No volume reduction or physical or chemical alteration of collected
materials may be conducted; and
(2) All materials upon collection shall be expeditiously placed inside a
building, truck trailer, or other enclosure. No collected materials may be
stored outside such an enclosure at the end of the normal business day.
(d) Hotel, Extended Stay - subject to the following restrictions and regulations:
1) There shall be no direct vehicular access to any guest room;
2) There shall be staff or management on duty 24 hours per day seven days
per week;
3) Each guest room shall have a minimum of 280 square feet;
4) No business license shall be issued for any business operated from any
guest room;
5) No outside storage or permanent parking of equipment or vehicles shall be
permitted;
6) No buildings constructed under this section may be converted to or used as
apartments or condominiums; and
7) A preliminary plan shall be submitted showing the proposed layout of
buildings, ingress/egress, buffers and landscaping, amenities, and the
density of development. This preliminary plan shall be a consideration in
granting the Special Exception.
(e) Motel, Extended Stay - subject to the following restrictions and regulations:
1) DELETED.
2) There shall be staff or management on duty 24 hours per day seven days
per week;
3) Each guest room shall have a minimum of 280 square feet;
4) No business license shall be issued for any business operated from any
guest room;
5) A preliminary plan shall be submitted showing the proposed layout of
buildings, ingress/egress, buffers and landscaping, amenities, and the
density of development. This preliminary plan shall be a consideration in
granting the Special Exception;
6) No vehicle storage or permanent parking of equipment or vehicles shall be
permitted; and
7) No buildings constructed under this section may be converted to or used as
apartments or condominiums.
(f) Business parks - as defined in Section 22-1 (11) where thirty (30) percent or
more of the gross leasable area of buildings is designed for and occupied by
commercial, retail, or service tenants, and the remainder is occupied by
wholesale, storage, or warehouse facilities.
22-3 The maximum height of a professional or commercial building or structure in the B-2
Zone shall not exceed one hundred sixty-five (165) feet.
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22-4 The setback provisions of the B-1 Zone shall apply to the B-2 Zone.
22-5 Maximum Individual Building Area: There shall be no maximum individual building
area in the B-2 (General Business) Zone.
22-6 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 22-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2008, Section 22-2 (f)
Amended Sept. 2007, Section 22-3
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Item # 5
23 - 1
IDUSTRIAL DISTRICT CLASSIFICATIOS
SECTIO 23
LI (LIGHT IDUSTRIAL) ZOE
23-1 Permitted Uses:
(a) Any use permitted in the B-2 (General Business) Zone subject to the restrictions
and regulations of the B-2 Zone.
(b) The following uses are authorized in the LI Zone:
(1) Wholesale, storage, and warehouse facilities.
(2) Lumber, feed, or other similar storage yards, but not salvage yards, coal
yards, or junkyards.
(3) Uses of light manufacturing nature. Manufacturing establishments and
operations other than those classified as heavy industry (Section 24),
which are housed within a building and emit no excessive noise, dust, or
vibrations beyond the property on which the establishment is located.
(4) Automobile body and fender repair provided that all repair work and
vehicle storage shall be conducted within an area enclosed on all sides by
a solid wall, or finished fence not less than six (6) feet in height.
(5) Storage of construction equipment and other heavy equipment, and trucks
in excess of one (1) ton capacity and having three (3) or more axles.
(6) Collection of materials for recycling subject to the following restrictions:
(a) No volume reduction or physical or chemical alteration of
collected materials may be conducted; and
(b) All materials upon collection shall be expeditiously placed inside a
building, truck trailer, or other enclosure. No collected materials
may be stored outside such an enclosure at the end of the normal
business day.
23-2 Uses prohibited in an LI Zone:
(a) Any use that may be noxious or injurious by reason of the production or emission
of dust, refuse matter, odor, gas fumes, noise, vibrations, radiation, or similar
substances or conditions.
(b) Residential use is specifically prohibited.
23-3 Height: The maximum height of a building or structure in a LI Zone shall not exceed one
hundred sixty-five (165) feet.
23-4 Area: The entire lot in an LI Zone may be covered with the exception of mandatory
open spaces hereinafter required.
23-5 Setbacks:
(a) Front yard, forty (40) feet.
(b) Side yards, ten (10) feet each.
(c) Rear yard, twenty-five (25) feet.
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23-6 Distance from an R-Zone: Industrial activities, including construction of buildings for
industrial use, storage of materials, and loading facilities shall not be located within 50
feet of a R-Zone boundary. Parking of vehicles except for automobiles that are used by
employees and customers shall not be permitted within 50 feet of an R-Zone boundary.
23-7 DELETED.
Attachment number 14
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Item # 5
24 - 1
IDUSTRIAL DISTRICT CLASSIFICATIO
SECTIO 24
HI (HEAVY IDUSTRIAL) ZOE
24-1 Permitted Uses:
(a) Any use permitted in an LI (Light Industry) Zone, subject to the rules and
regulations of the LI Zone.
(b) DELETED.
(c) Uses customarily incidental to the above uses and necessary buildings when
located on the same lot.
(d) The following uses provided, however, no building, structure, or portion thereof,
shall be hereafter erected, converted, or otherwise used for residential purposes:
(1) Acetylene gas manufacture and storage
(2) Alcohol manufacture
(3) Deleted
(4) Asphalt manufacture or refining
(5) Deleted
(6) Boiler works
(7) Central station light or power plant
(8) Deleted
(9) Concrete or clay manufacture
(10) Cotton gin
(11) Deleted
(12) Gas manufacture from coal or petroleum or the storage thereof
(13) Deleted
(14) Meat products manufacture
(15) Deleted
(16) Planing Mill
(17) Plaster manufacture
(18) Plastic manufacture
(19) Potash works
(20) Power forge
(21) Excavation of mineral deposits including but not limited to stone, sand,
clay, gravel, and operations incidental thereto.
(22) Deleted
(23) Manufacturing of other products that is not noxious or offensive by reason
of emission or creation of odor, dust, fumes, smoke, gas, noise, vibration,
radiation, or similar substance.
(24) Deleted
(25) Tar distillation or tar products manufacture
(26) Animal kennel
Amended November 2007
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(27) Inert Fill Area
Where there are no residences or residentially zoned properties located
within 1000 feet of the boundary of the property upon which the inert fill
area would be located, or where the finished grade of the inert fill area
would not be greater than 10 feet in elevation above the highest elevation
of any adjoining property.
(28) Petroleum products manufacture or wholesale aboveground storage of
petroleum or its products in quantities not exceeding twelve thousand
(12,000) gallons consistent with the minimum separation requirements that
appear in table 4.3.2.4 of NFPA 30A. Underground storage tanks shall meet
all applicable requirements of Chapter 4 and Chapter 5 of NFPA
24-2 Uses Permitted by Special Exception:
(a) The following uses require a Special Exception in the HI (Heavy Industry) Zone.
In no case shall any use listed below be allowed within 300 feet of an R-Zone
(Residential).
(1) Acid manufacture, hydrochloric, nitric, picric, or sulfuric acid
(2) Cement, lime, clay or gypsum, or plaster manufacture
(3) Chlorine or similar noxious gases
(4) Distillation of bones
(5) Drop forge industries manufacturing forgings with power hammers
(6) Explosives, manufacture or storage
(7) Fertilizer manufacture
(8) Garbage, offal, dead animal reduction or dumping
(9) Glue manufacture
(10) Hair manufacture
(11) Deleted
(12) Processing of sauerkraut, vinegar, or yeast
(13) Rendering or refining of fats and oil
(14) Stockyard or feeding pen
(15) Slaughter of animals, not including the killing of fowl
(16) Automobile wrecking or junk yards; storage, sorting, collecting, or baling
of rags, paper, metal, or other items not usable in their current state. These
uses must be enclosed on all sides by a solid wall or board fence not less
than six (6) feet in height.
(17) Any other use that is noxious or offensive by reason of the emission or
creation of odor, dust, fumes, smoke, gas, noise, vibration, radiation, or
similar substances, or conditions equal in aggregate amount to that of any
use specified.
(18) Inert Fill Area - Where there are residences or residentially zoned
properties located within 1000 feet of the boundary of the property upon
which the inert fill area would be located, or where the finished grade of
the inert fill area would be greater than 10 feet in elevation above the
highest elevation of any adjoining property.
(19) Ammonia or bleaching powder manufacture
(20) Atomic energy reactor station
(21) Chemical manufacture
(22) Creosote manufacture or treatment
(23) Incinerator
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(24) Tanning, curing, or storage of raw hides
(25) Petroleum products manufacture or wholesale aboveground storage of
petroleum or its products in quantities exceeding twelve thousand (12,000)
gallons consistent with the minimum separation requirements that appear in
table 4.3.2.4 of NFPA 30A. Underground storage tanks shall meet all
applicable requirements of Chapter 4 and Chapter 5 of NFPA 30.11
24-3 Height: The maximum height of a building or structure in the H-I Zone shall be three
hundred (300) feet.
24-4 Setbacks: The setback provisions of the LI Zone shall apply to the HI Zone.
24-5 Prohibited uses: Residential use is prohibited in the HI zone.
24-6 Signs: DELETED.
24-7 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 24-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Dec. 2010, Section 24-1(d)(9)
Amended May 2010, Section 24-2 (11 –deleted and 25 added)
Amended May 2010, Section 24-1 (15 – deleted and 28 added)
Amended April 2008, Section 24-1 (uses deleted), Section 24-2 (a) (uses reassigned)
Amended Sept. 2004, Section 24-7
Attachment number 14
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Item # 5
25 - 1
SPECIAL DISTRICT CLASSIFICATIOS
SECTIO 25
HPA (HISTORIC PRESERVATIO AREA) ZOE
ETIRE SECTIO DELETED .
Attachment number 14
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Item # 5
25 - A - 1
SPECIAL DISTRICT CLASSIFICATIO
SECTIO 25-A
PDR (PLAED DEVELOPMET RIVERFROT) ZOE
25-A-1 Statement of Intent: Recognizing the value of the Savannah Riverfront as an economic,
historic, recreational, and visual resource of tremendous value to the citizens of Augusta
and surrounding area and further recognizing it as an area of critical and sensitive
environmental concern, it is the intent of this section to provide for the orderly and
aesthetic development or redevelopment of the lands adjoining the Savannah River by:
(a) Creating a special Riverfront Development Review Board comprised of persons
with an interest or expertise in the orderly development of this resource.
(b) Limiting land uses to those which will provide the best utilization of the benefits
afforded by a riverfront location.
(c) Insuring that the regulations applicable to the riverfront will be responsive to the
dictates of the development economy at a given time.
(d) Setting forth sufficient design and development standards and criteria to provide
for maximum public benefit from the further development of the riverfront area
through a mixture of land uses, the provision and maintenance of public access,
elimination or mitigation of negative environmental impact from development,
aesthetic controls, and the beneficial coordination of residential, recreational, and
commercial utilization of the riverfront lands.
25-A-2 District Boundaries: The PDR (Planned Development Riverfront) Zone shall consist of
all of that area bounded by the following:
That area lying within a line beginning at the intersection of the Columbia and Richmond
County boundary line and the centerline of the first level of the Augusta Canal; thence in
a northeasterly direction along said boundary line to its intersection with the centerline of
the Savannah River; thence along the centerline of the Savannah River in a southeasterly
direction to a point intersected by a Bearing N 660 50'28"E; thence S 66050'28"W to a
point on the south bank of the Savannah River; thence S 66050'28"W a distance of 490.15
feet to a point; thence, N150 31' 32"W a distance of 817 feet, more or less, to a point on
the south toe of the Augusta levee; thence along the south toe of the Augusta levee in a
westerly direction to its intersection with the northwest right-of-way line of East
Boundary Extended; thence along the northwest right-of-way line of East Boundary
Extended and East Boundary in a southerly direction to a point located on the southwest
corner of the intersection of Reynolds Street and East Boundary; thence in a southerly
direction along the northwest right-of-way line of East Boundary a distance of 200.0 feet
to a point; thence, in a westerly direction running parallel to Reynolds Street to a point
located on the southeast right-of-way line of 9th Street; thence in a southwesterly
direction along the southeast right-of-way line of 9th Street to a point located where the
southwest right-of-way line of Jones Street Extended intersects with the southeast .right-
of-way line of 9th Street; thence in a westerly direction along the southwest right-of-way
line of Jones Street Extended to a point located at the southwest corner of the intersection
of Jones Street Extended and 9th Street; thence in a southerly direction along the
northwest right-of-way line of 9th Street a distance of 100.0 feet to a point; thence in a
westerly direction running parallel to Jones Street to its intersection with the centerline
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25 - A - 2
of Hawk's Gulley; thence in a southerly direction along the centerline of Hawk's Gulley
Extended to the centerline of Broad Street; thence in a westerly direction along the
centerline of Broad Street to its intersection with the centerline of the first level of the
Augusta Canal; thence along the centerline of the first level of the Augusta Canal in a
northwesterly direction to its intersection with the southern right-of-way of the Seaboard
System Railroad line; thence, running in a westerly direction along the southern right-of-
way of the Seaboard System Railroad line until its intersection with the southeast right-
of-way of I-20; thence, in a northeasterly direction along the southeast right-of-way line
of I-20 until its intersection with the centerline of the first level of the Augusta Canal;
thence, in a northwesterly direction along the centerline of the first level of the Augusta
Canal to the point of beginning.
25-A-3 Creation of Riverfront Development Review Board. Augusta- Richmond County
Commission shall create a Riverfront Development Review Board which shall consist of
ten (10) members, one of whom shall reside in each of the ten districts that together
constitute Augusta.
(a) Composition. The ten (10) members shall be selected from the following:
1. One (1) member of Augusta-Richmond County Commission;
2. One (1) member of the Augusta-Richmond County Planning Commission;
3. One (1) member of the Augusta Port Authority;
4. One (1) member of the Executive Committee of Historic Augusta, Inc.
5. One (1) member of Augusta Tomorrow; and
6. Five (5) residents of Augusta-Richmond County.
Ex-officio, nonvoting members shall include:
1. Executive Director of the Augusta-Richmond County Planning
Commission;
2. Director of the Department of Housing and Neighborhood Development;
and
3. Director of the Department of Public Works.
(b) Terms of Office. The members of the Review Board shall serve without pay.
Initial terms should be five (5) two-year terms and five (5) four-year terms. All
reappointment terms thereafter shall be for four years. All members shall be
eligible for re-appointment provided that they continue to meet the criteria for
their original appointment.
(c) Organization. The Review Board shall elect one of its members as Chairman and
one as Vice-Chairman. The Chairman shall preside over meetings of the Review
Board and shall have the right to vote on matters brought before the Board. A
Secretary to the Review Board shall be appointed from the Staff of the Augusta-
Richmond County Planning Commission and shall take minutes of each meeting.
A majority of the Board shall constitute a quorum. By-laws governing the time
and place of meetings and other necessary rules of procedure may be drawn and
adopted by the Board.
(d) Powers and Duties. The Riverfront Development Review Board shall review all
plans for development of properties lying within the boundaries of the PDR
(Planned Development Riverfront) Zone. The review shall consist of an
evaluation of compliance with the provisions for this section and evaluation of the
aesthetic qualities of the proposed development relative to adjacent developments.
The Review Board shall make a recommendation in writing to the Augusta-
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Richmond County Planning Commission for approval, modification, or
disapproval of the proposed development. No site plan shall be approved or
building permit issued until such written recommendation has been received and
considered by the staff of the Planning Commission, provided, however, that such
recommendation shall be transmitted no later than 45 days after receipt or the
proposed development shall be deemed to be approved by the Review Board.
25-A-4 Permitted Uses. The following uses may be permitted in the PDR (Planned
Development Riverfront) Zone:
(a) Food stores
(b) Apparel and accessory stores
(c) Water-based transportation and recreational facilities
(d) Eating and drinking places
(e) Florist and gift shops
(f) Newsstands and bookstores
(g) Beauty and barber shops
(h) Automobile parking lots and parking structures
(i) Marine equipment sales and services
(j) Professional offices
(k) Governmental facilities and activities
(l) Furniture and/or home furnishing stores
(m) Antique shops
(n) Drugstores
(o) Sporting goods stores
(p) Jewelry shops
(q) Hobby, toy and game stores
(r) Camera and photographic supply shops
(s) Tobacco shops
(t) Hotels, motels, or other lodging places except boarding houses, manufactured
home parks or travel trailer parks
(u) Personal or business service establishments
(v) Entertainment establishments as follows:
1. Motion picture theaters
2. Performing arts theaters and studios
3. Museums and art galleries
4. Other entertainment, cultural, and educational establishments, upon
approval of the Planning Commission
(w) Residential uses, all types, provided that the density shall be approved by the
Planning Commission.
(x) The following manufacturing type activities provided they are carried out in
conjunction with on-site retail sale of finished products:
1. Bakery
2. Confectionery
3. Leather goods
4. Pottery and related products
5. Glass and glassware
6. Jewelry making
7. Metal craft products
(y) Uses not specified may be permitted upon approval of the Planning Commission.
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Item # 5
25 - A - 4
25-A-5 Development Standards and Requirements
(a) Yard and Setback Requirements. There shall be no minimum lot size, side
or rear setback, percentage of lot coverage or lot width, provided,
however, that measures are taken to provide reasonable visual and
acoustical privacy for dwelling units and that no building or structure shall
be constructed so as to encroach within the designated flood way of the
Savannah River.
(b) Public Access. Application for approval of development in the PDR zone
shall include provisions for public access from a publicly- owned or
maintained roadway to that portion of the property designated as and
defined by the 100-Year Floodplain limit line under an Ordinance entitled
"An Ordinance to Prevent Damage From Floods; To Regulate Land Uses
in the Flood Plain, and for Other Purposes."
1. Public access areas shall consist of the designated 100 Year
Floodplain and one (1) twenty (20) foot access easement for every
three hundred (300) feet of river frontage, or portion thereof, to be
occupied by the proposed development.
2. The flood way and access easements shall be dedicated to the
Augusta-Richmond County Commission, be suitably landscaped,
and contain a walkway of sufficient width and surfaced with an all-
weather material as approved by the Department of Public Works
to facilitate pedestrian movement to and from the public roadway.
3. Said easement shall be permanently maintained by the owner,
developer, or an association of owners or residents having
responsibility for common areas within the proposed development.
4. All public access easements shall be clearly marked as such with a
permanent sign of not less than three (3) square feet in area.
(c) Building Design and Site Planning Standards. The following special
building design and site planning standards shall apply in the PDR Zone.
1. All development in the PDR zone shall comply with an Ordinance
entitled "An Ordinance to Prevent Damage From Floods; To
Regulate Land Uses in the Flood Plain, and For Other Purposes"
and approval of development plans under the provisions of this
section shall not constitute approval under other applicable codes
and ordinances.
2. No fencing along the exterior property lines of any development in
the PDR zone shall be permitted unless the proposed fence is
integrated completely with the design of the buildings, i.e. similar
in materials, design, and detailing. Developers are required to
fence or screen off-street parking and loading areas from view
from public roadways utilizing a four (4) foot fence, screen, or
landscaped earthen berm.
3. All construction in a PDR zone shall be of the following materials:
brick, stucco, poured-in-place architectural concrete, exposed
aggregate pre cast panels, and wood siding where appropriate and
permitted by codes. Unacceptable construction materials include
metal siding, concrete block, and high maintenance finishes such
as paint on concrete block. Exceptions to the provisions of this
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subsection may be granted for additions or modifications to
existing buildings, or for construction on the same parcel and in
close proximity to existing buildings. Exceptions may be granted
only in the case of hardship where it is determined that the
aesthetics of the surrounding area would not be adversely affected.
4. All mechanical equipment and service areas shall be screened from
view from adjacent roads and pedestrian ways, other structures,
and the Levee by structures or devices integral to the architecture
of the building. Wherever practicable, all utility systems in the
development shall be underground.
5. Preservation of existing trees on-site is required. Applications for
approval of development plans in the PDR Zone shall show the
location and type of all existing trees having a diameter
measurement of ten (10) inches measured at a height of four (4)
feet above ground level and shall indicate which of these trees are
to be retained. Removal of trees of that size or larger is prohibited
except where necessary to allow construction of buildings; needed
for street rights-of-way, walkways, and ancillary structures such as
patios; the tree is diseased, injured, or otherwise may pose an
unsafe visibility or sight distance; or unduly restricts the economic
use of the property. Where it is necessary to remove existing trees,
the developer is required to replace them with planting elsewhere
on-site.
6. All development proposed for the PDR zone will be reviewed for
its impact on or utilization of historic and potentially historic
structures. Developers are encouraged to coordinate adaptive
renovation and use of existing structures with the appropriate local
agencies or organizations having an interest in historic
preservation.
25-A-6 Application Requirements:
(a) An application for approval of development plans in the PDR Zone shall be made
to the Executive Director of the Augusta-Richmond County Planning
Commission. Eleven copies of the plans shall be provided to allow transmittal to
the members of the Riverfront Development Review Board at least seven (7) days
prior to the date of the Review Board meeting. Upon receipt of an application, the
Executive Director shall cause the members of the Review Board to be notified of
the date, time, and place of the meeting and shall transmit copies of the proposed
development plans to the membership.
(b) An application for review of the development plans shall include:
1. A boundary and topographic plat of the land to be included in the entire
development showing all rights-of-way and easements affecting the
property.
2. A plat showing any new building lots and their boundaries along with the
square footage contained in each and the location and rights-of-way of
proposed streets and public pedestrian ways.
3. The location of existing and proposed buildings and the number of stories
contained in each.
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4. The location and elevation of the water supply, sanitary, and storm
drainage systems.
5. The location and type of all common areas along with a statement of the
method to be used to insure the continued maintenance of such areas.
6. The location of all curb cuts, driving lanes, and parking areas.
7. The location and height of all walls, fences, and screen plantings.
8. A statement of proposed uses on a building by building basis and, where
applicable, on a floor by floor basis.
9. Architectural drawings indicating the proposed appearance of each
elevation and a general statement regarding exterior colors and materials.
10. The proposed location and character of signs and exterior lighting, service
areas and doors, and loading facilities.
11. A landscaping plan showing the location, size, and type of all plant
materials whether existing or proposed.
12. For residential developments, a tabulation of the total area, number of
dwelling units, off-street parking spaces and overall density per acre.
(c) Upon completion of its review, the Riverfront Development Review Board shall
transmit its findings along with recommendations for modifications, if any, to the
Executive Director who shall process the proposed development plans in
accordance with the Zoning Ordinance and the Land Subdivision Regulations for
Augusta- Richmond County Commission, if applicable.
(d) Any change in the approved development plan which affects the intent and
character of the development, the density or land use pattern, the location or
dimensions of streets or other access ways, or similar changes shall be reviewed
in the same manner as set forth above.
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Item # 5
25 - B - 1
SPECIAL DISTRICT CLASSIFICATIOS
SECTIO 25-B
SCA (SPECIAL SIG COTROL AREA) DISTRICT
ETIRE SECTIO DELETED
Attachment number 14
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Item # 5
25 - C - 1
SPECIAL DISTRICT CLASSIFICATIO
SECTIO 25-C
RIVER WATCH PARKWAY
ETIRE SECTIO DELETED
Attachment number 14
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25 - D - 1
SPECIAL DISTRICT CLASSIFICATIOS
SECTIO 25 - D
SAVAAH RIVER CORRIDOR PROTECTIO DISTRICT
25-D-1 Statement of Intent The intent of the regulations with this Zoning District is to limit
the use of the Savannah River Corridor, in conjunction with other government entities
along the Savannah River Corridor, in order to:
(a) Assure that the Savannah River in the City of Augusta will not become polluted
and unsuitable as a source for potable water;
(b) Protect the river corridor by establishing a natural vegetative buffer area
bordering the river;
(c) Preserve those qualities that make the river corridor suitable as a habitat for
wildlife;
(d) Help control erosion and to absorb flood waters; and
(e) Protect and safeguard the health and welfare of all the citizens of the City of
Augusta by providing protection of the section of the river that is or may be used
as a source of drinking water.
25-D-2 Description of District The limits of the Savannah River Corridor Protection (SRCP)
District are hereby defined to be all areas within 100 feet horizontally of the river,
measured from the river bank. This area shall remain in an undisturbed vegetative
buffer. The 100-foot buffer is measured from the uppermost part of the river bank,
usually marked by a break in slope. Although not within the buffer area, the area
between the top of the river bank and the water's edge shall be included in the SRCP
district.
Because these protective measures allow some latitude with land uses, and because the
District is not intended to prescribe a specific land use but rather to define a range of
acceptable land uses, the Savannah River Corridor Protection District is designed as an
overlay district. Within the range of land uses which can be located within the District,
this Section establishes performance standards which apply to development within the
District. The regulations of the underlying zoning district shall be maintained and not
affected, except in the event of conflict or discrepancy between the SRCP District and
the underlying district. In that case, the more stringent requirements shall be observed.
25-D-3 Establishment and Maintenance of atural Buf fer Except as permitted under this
section, all construction of buildings or structures is prohibited within the SCRP
District, and the existing natural vegetative buffer within 100 feet of the river bank shall
remain undisturbed.
25-D-4 Permitted Uses and Conditions The following uses are permitted, subject to certain
conditions, within the one hundred-foot (100') buffer of the SRCP District. Any
permitted use must also comply with the applicable regulations of the underlying
zoning classification.
(a) Single-family dwellings, including the usual accessory structures and
appurtenances, are subject to the following conditions:
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25 - D - 2
1. The dwelling shall be located on a tract of land containing at least two
acres and meeting all other zoning regulations.
2. There shall be only one such dwelling on each two-acre or larger tract of
land.
3. A septic tank or tanks serving such a dwelling may be located within the
buffer area; however, septic tank drain fields shall not be located within
the buffer area.
(b) Industrial and commercial land uses existing prior to the adoption of the Savannah
River Corridor Protection District, provided that:
1. Industrial and commercial uses shall not impair the drinking quality of the
river water as defined by the Federal Clean Water Act, as amended.
2. Industrial and commercial activity within the SRCP district shall meet all
applicable State and Federal environmental rules and regulations.
3. Septic tanks and septic tank drain fields serving industrial and commercial
uses are prohibited within the buffer area.
(c) The construction of road crossings and utility crossings, provided that the
construction of said crossings shall meet all requirements of the Augusta-
Richmond County Soil and Sediment Control Ordinance.
(d) Agricultural production and management, subject to the following conditions:
1. Agricultural activity shall be consistent with best management practices
established by the Georgia Soil and Water Conservation Commission;
2. Agricultural activity shall not impair the water quality of the river water as
defined by the Georgia Clean Water Act;
3. Agricultural activity shall be consistent with all applicable State and
Federal environmental regulations, and all regulations promulgated by the
Georgia Department of Agriculture.
(e) Timber production and harvesting, subject to the following conditions:
1. Forestry activity shall be consistent with best management practices
established by the Georgia Forestry Commission.
2. Forestry activity shall not impair the drinking water quality of the river
water as defined by the Georgia Clean Water Act.
(f) Wildlife and fisheries management activities consistent with the purpose of
O.C.G.A.12-2-8.
(g) Wastewater treatment facilities.
(h) Natural water quality treatment or purification facilities.
(i) Recreational uses consistent either with the maintenance of a natural vegetative
buffer or with river-dependent recreation. For example, paths, walkways, boat
ramps would be consistent with this criteria, but parking lots and hard-surface
tennis court would not.
(j) Other uses as permitted by the Georgia Department of Naural Resources or under
Section 404 of the Federal Clean Water Act.
25-D-5 Prohibited Uses The following uses are prohibited within the one hundred-foot (100')
buffer of the SRCP District.
(a) Handling areas for the receiving and storage of hazardous wastes;
(b) Disposal facilities for hazardous or solid wastes; and
(c) All construction activities within the buffer area, except as provided for in Section
25-D-6 (Exempt Uses.
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25 - D - 3
25-D-6 Exempt Uses The following uses are exempt from the one hundred-foot (100') buffer
requirements of the SRCP District:
(a) Land uses existing prior tot he adoption of the Savannah River Corridor
Protection District;
(b) Mining activities, if permitted by the Georgia Department of Natural Resources;
and
(c) Utilities, if such utilities cannot feasibly be located outside the buffer area, as
determined by the local government, provided that:
1. The utilities shall be located as far from the river bank as reasonably
possible;
2. Installation and maintenance of the utilities shall be such as to protect the
integrity of the buffer area to the extent reasonably possible;
3. The natural vegetative buffer shall be restored as quickly as possible
following any construction utility construction; and
4. Utilities shall not impair the drinking quality of the river water.
Attachment number 14
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Item # 5
26 - 1
SPECIAL DISTRICT CLASSIFICATIOS
SECTIO 26
SPECIAL EXCEPTIOS
26-1 The following Special Exceptions may be permitted in any Zone where such uses are
deemed essential or desirable to the public convenience or welfare and are in harmony
with the various elements or objectives of the Master Plan/Planning Document in effect.
All applications for a Special Exception under this subsection shall be accompanied by a
preliminary development plan that shows the location of all buildings associated with the
proposed use and the number of stories contained in each building. The preliminary
development plan must also show the location of all curb cuts, driving lanes, parking
areas, and the location of all walls, fences and screen plantings that exist or are planned.
(a) Church, synagogue, or other place of worship, or their related activities subject to
the following criteria:
(1) A tract upon which a church is to be established shall have at least one
hundred (100) feet of frontage on a collector street or an arterial street and
be at least one-half acre in area.
(2) Structures shall be set back at least twenty-five (25) feet from any property
line separating the subject property from residentially zoned or developed
properties.
(3) Off-street parking shall conform to Section 4 of this Ordinance.
(4) DELETED.
(5) A plan illustrating compliance with the above requirements shall be
submitted to the Planning Commission before the proposal is placed on
the agenda. The Planning Commission shall determine that all of the
foregoing requirements have been satisfied, and further, that the benefits
of the proposed church are greater than any possible depreciating effects
and damages to the neighboring properties.
(b) Parochial and private schools subject to the following criteria:
(1) A tract upon which a parochial or private school is to be established shall
have at least one-hundred (100) feet of frontage on a collector street or an
arterial street.
(2) A circular drive or similar layout that discourages backing and encourages
through movement of traffic shall be provided for off-street loading and
unloading, and the parking layout shall conform to Section 4 of this
Ordinance.
(3) A parochial or private school shall be screened from contiguous
residentially zoned or developed properties by a wall, solid fence, or
vegetative buffer at least six (6) feet in height.
(4) Signage shall comply with the SCA requirements for institutional uses.
(5) A plan illustrating compliance with the above requirements shall be
submitted to the Planning Commission before the proposal is placed on
the agenda. The Planning Commission shall determine that all of the
foregoing requirements have been satisfied, and further, that the benefits
of the proposed school are greater than any possible depreciating effects
and damages to the neighboring properties.
(c) Utility substation subject to the following criteria:
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26 - 2
(1) Use of the property as a substation shall be essential for service to the area
in which the substation is to be located.
(2) A tract upon which a utility substation is to be erected shall have frontage
on a collector or arterial street.
(3) No personnel shall be assigned to the site; the utility shall be unmanned.
(4) Outside storage of vehicles, equipment, and supplies on the premises shall
not be permitted.
(5) If the base zoning is agricultural, residential, or professional, then any
building or structure which exceeds 25 feet in height when measured from
ground elevation shall be set back not less than fifty (50) feet from any
property line.
(6) DELETED.
(7) A substation shall be screened from contiguous residentially zoned or
developed properties by a wall, solid fence, or vegetative buffer at least six
(6) feet in height.
(8) A plan illustrating compliance with the above requirements shall be
submitted to the Planning Commission before the proposal is placed on
the agenda. The Planning Commission shall determine that all of the
foregoing requirements have been satisfied, and further, that the benefits
of the proposed utility substation are greater than any possible
depreciating effects and damages to the neighboring properties.
(d) Nursing home subject to the following criteria:
(1) A tract upon which a nursing home is to be established shall have at least
one hundred (100) feet of frontage on a collector or an arterial street.
(2) DELETED.
(3) Off-street parking shall conform to Section 4 of this Ordinance.
(4) Nursing homes shall not be located in areas where the health, safety, and
welfare of the residents would be compromised. Examples of such areas
would be those near industrial sites or other sites where environmental
quality would be poor, and also areas where law enforcement records
indicate that the incidence of crime is high.
(5) A plan illustrating compliance with the above requirements shall be
submitted to the Planning Commission before the proposal is placed on
the agenda. The Planning Commission shall determine that all of the
requirements have been satisfied, and further, that the benefits of the
proposed nursing home are greater than any possible depreciating effects
and damages to the neighboring properties.
(e) Adult day care facility subject to the following criteria:
(1) A tract upon which an adult day care facility is to be established shall have
at least one hundred (100) feet of frontage on a collector or an arterial
street.
(2) Off-street parking shall conform to Section 4 of this Ordinance.
(3) An adult day care facility may not be established within twelve hundred
(1200) feet of a lawfully existing family day care home, family personal
care home, transition housing, or another adult day care facility located in
A, R or P zones.
(4) Adult day care facilities shall not be located in areas where the health,
safety, and welfare of the residents would be compromised. Examples of
such areas would be those near industrial sites or other sites where
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26 - 3
environmental quality would be poor, and also areas where law
enforcement records indicate that the incidence of crime is high.
(5) DELETED.
(6) A plan illustrating compliance with the above requirements shall be
submitted to the Planning Commission before the proposal is placed on
the agenda. The Planning Commission shall determine that all of the
foregoing requirements have been satisfied, and further, that the benefits
of the proposed adult day care facility are greater than any possible
depreciating effects and damages to the neighboring properties.
(f) Family day care home subject to the following criteria:
(1) A family day care home may not be established within twelve hundred
(1200) feet of a lawfully existing family personal care home, transition
housing, adult day care facility, or another family day care home located
in A, R or P zones.
(2) There shall be adequate indoor and outdoor play areas to meet Georgia
DHR standards. Outdoor play areas shall be designed for daytime use only
with no special illumination, and they shall be screened from contiguous
residential zones or development by a solid fence, wall or vegetative
buffer at least six (6) feet in height.
(3) Parking shall conform to Section 4 of this Ordinance.
(4) DELETED.
(5) Family day care homes shall not be established in areas where the health,
safety, and welfare of the residents would be compromised. Examples of
such areas would be those near industrial sites or other sites where
environmental quality would be poor, and also areas where law enforce-
ment records indicate that the incidence of crime is high.
(6) A plan illustrating compliance with the above requirements shall be
submitted to the Planning Commission before the proposal is placed on
the agenda. The Planning Commission shall determine that all of the
foregoing requirements have been satisfied, and further, that the benefits
of the proposed family day care home are greater than any possible
depreciating effects and damages to the neighboring properties.
(g) Transition housing subject to the following criteria:
(1) Transition housing may not be established within twelve hundred (1200)
feet of a lawfully existing family personal care home, family day care
home, adult day care facility, or other transition housing in A, R or P
zones.
(2) DELETED.
(3) Transition housing shall not be located in areas where the health, safety,
and welfare of the residents would be compromised. Examples of such
areas would be those near industrial sites or other sites where
environmental quality would be poor, and also areas where law
enforcement records indicate that the incidence of crime is high.
(4) The Planning Commission shall determine that the foregoing requirements
have been satisfied, and further, that the benefits of the proposed transition
housing are greater than any possible depreciating effects and damages to
neighboring properties. In conducting this balancing test, the merit of the
specific proposal shall be determined by evaluating the nature of the
clientele (i.e. elderly, mentally retarded, halfway home for recovering
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addicts, etc.) the proposed number of occupants, and the nature of the
operators of the facility (homeowners, professional staff, or untrained
supervisory staff, etc.).
(5) Approval, if granted shall be for a specific proposal, and any change in the
nature of the clientele or increase in the number of occupants shall require
another special exception.
(h) Family personal care home subject to the following criteria:
(1) A family personal care home may not be established within twelve
hundred (1200) feet of a lawfully existing family day care home, adult day
care facility, transition housing, or another family personal care home in
A, R, or P zones.
(2) DELETED.
(3) A family personal care home shall not be located in areas where the
health, safety, and welfare of the residents would be compromised.
Examples of such areas would be those near industrial sites or other sites
where environmental quality would be poor, and also areas where law
enforcement records indicate that the incidence of crime is high.
(4) The Planning Commission shall determine that the foregoing requirements
have been satisfied, and further, that the benefits of the proposed family
personal care home are greater than any possible depreciating effects and
damages to neighboring properties. In conducting this balancing test, the
merit of the specific proposal shall be determined by evaluating the nature
of the clientele (i.e. elderly, mentally retarded, etc.), the proposed number
of occupants, and the nature of the operators of the facility (homeowners,
professional staff, or untrained supervisory staff, etc.).
(i) Club (private or public), lodge (nonprofit), golf course, country club, tennis
facilities, privately owned and operated recreational facility, swimming pool,
fishing lake, or similar recreational use subject to the following criteria:
(1) The minimum size tract for a golf course or country club shall be
fifty (50) acres.
(2) A tract to be developed as a golf course or country club shall have
at least one hundred (100) feet of frontage on a public or private
road.
(3) Structures except fences and walls shall be set back at least fifty
(50) feet from property lines separating the property from
contiguous properties zoned or developed for residential use.
(4) Lighting shall be designed so that adjacent properties are not
adversely affected.
(5) Outdoor activities shall cease at 11:00 P.M.
(6) Lounges, clubhouses, and similar facilities shall be designed and
operated for use by members and their guests, or patrons who are
using the club or recreational facility. Lounges, clubhouses and
similar facilities shall be located at least one hundred (100) feet
from contiguous properties zoned or developed for residential use.
(7) DELETED.
(8) A plan illustrating compliance with the above requirements shall
be submitted to the Planning Commission before the proposal is
placed on the agenda. The Planning Commission shall determine
that all of the foregoing requirements have been satisfied, and
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further, that the benefits of the proposed club, privately owned and
operated recreational facility, swimming pool, fishing lake, or
similar recreational use are greater than any possible depreciating
effects and damages to the neighboring properties.
(j) Funeral homes subject to the following criteria:
(1) A tract upon which a funeral home is to be established shall have
at least one hundred (100) feet of frontage on a collector street or
an arterial street and be at least one acre in area.
(2) Structures shall be set back at least twenty-five (25) feet from any
property line separating the subject property from residentially
zoned or developed properties.
(3) Off-street parking shall conform to Section 4 of this Ordinance.
(4) DELETED.
(5) A plan illustrating compliance with the above requirements shall
be submitted to the Planning Commission before the proposal is
placed on the agenda. The Planning Commission shall determine
that all of the foregoing requirements have been satisfied, and
further, that the benefits of the proposed funeral home are greater
than any possible depreciating effects and damages to neighboring
properties.
(k) Private hospital subject to the following criteria:
(1) A tract upon which a private hospital is to be established shall have
at least two hundred fifty (250) feet of frontage on a collector or an
arterial street and be at least five acres in area.
(2) DELETED.
(3) Off-street parking shall conform to Section 4 of this Ordinance.
(4) Private hospitals shall not be located in areas where the health,
safety, and welfare of the patients would be compromised.
Examples of such areas would be those near industrial sites or
other sites where environmental quality would be poor, and also
areas where law enforcement records indicate that the incidence of
crime is high.
(5) A plan illustrating compliance with the above requirements shall
be submitted to the Planning Commission before the proposal is
placed on the agenda. The Planning Commission shall determine
that all of the foregoing requirements have been satisfied, and
further, that the benefits of the proposed hospital are greater than
any possible depreciating effects and damages to the neighboring
properties.
(l) Airport or aircraft landing field.
(m) Cemetery.
(n) Sanitary Landfill
(o) Inert Fill Area
(p) Uses which would in any way involve detained persons, or persons who
would be or have been retained from correction facilities such as halfway
homes, or similar uses that in any way relate to corrections or
incarceration.
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(q) Excavation of mineral deposits including but not limited to stone, sand,
clay, gravel, and operations incidental thereto may be permitted subject to
the following criteria:
(1) Evidence that a Mined Land Use Plan, pursuant to 391-3-3-05 of the
Georgia Environmental Rules, is being prepared for submission to Georgia
E.P.D. No mining activity may be conducted without an approved Mined
Land Use Plan.
(2) Submission of a plat prepared by a Georgia Registered Land Surveyor
at the time of the application showing conformance to the following
spacing requirements:
(a) No activity under this Subsection shall be conducted within
300 feet of a residence
(b) No activity under this Subsection shall be conducted within
100 feet of an R-zone boundary unless a consent form provided by
the Planning Commission and signed by the affected property
owners is provided with the application.
(c) No activity under the Subsection shall be conducted within 50
feet of any property line unless a consent form provided by the
Planning Commission and signed by affected property owners is
provided with the application.
(3) Submission of supporting data at the time of application indicating
that the impacts of the proposed activity including but not limited to
noise, vibration, dust, stormwater, groundwater and aesthetics will not
substantially diminish the quality of life of the surrounding community.
This data may be part of the Mined Land Use Plan or it may be a separate
submission.
Section 26-2
Any use, other than churches or church related activities approved under 26-1 (A),
established as a result of a Special Exception granted per Subsection 26-1 must be
initiated within six (6) months of the granting, or the Special Exception shall no longer be
valid. Special Exceptions for churches or church related activities granted per 26-1 shall
initiate a use within five (5) years of the granting, or the Special Exception shall no
longer be valid. The initiation of a use is established by the issuance of a valid business
license by the Augusta License and Inspections Department or by other reasonable proof
of the establishment of vested rights. If a Special Exception is granted and the use is
initiated but later ceases to operate for a period of one (1) year, then the Special
Exception shall no longer be valid.
Amended September 2010, 26-1(q) (1)
Amended November 2007, Section 26-1(q)
Amended August 2006, Section 26-2
Amended Sept. 2004, Section 26-2
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OTHER REGULATED USES
SECTIO 27
MAUFACTURED HOME REGULATIOS
27-1 Establishment of Manufactured Home Parks: New Manufactured Home Parks and
expansion of existing Manufactured Home Parks shall be permitted only in R-MH
(Manufactured Home Residential) Zones.
27-2 Procedure for constructing or altering a Manufactured Home Park: Application
shall be made for doing same to the Augusta-Richmond County Planning Commission.
The application shall be in letter form and shall show the following:
Name and address of applicant
Name and address of owner of land
Name and address of proposed operator
Number of spaces proposed to be provided
Acreage of land to be utilized
The application shall be accompanied by five copies of a plat of the land to be utilized.
The plats shall show the following:
Bearings and distances for all property lines
Names and right-of-way widths for all streets bounding the property
Names and addresses of all surrounding property owners
Distances to nearest public water mains and sewer lines
Topography showing contours at 2-foot intervals and referenced to Mean Sea
Level
Scale (not smaller than 1 inch = 100 feet) and North Arrow
Name and Registration Number of Surveyor or Engineer
The application for plan approval shall also be accompanied by a processing and
investigation fee of one hundred dollars ($100.00). The Planning Commission shall hold
a public hearing on every application for establishment or expansion of a Manufactured
Home Park. In the event that the land proposed to be utilized for a Manufactured Home
Park is not properly zoned, application for rezoning and application for plan approval
may be made at the same time if all necessary submittals for plan approval are provided
prior to application for rezoning. Public notice shall be given for plan approval, as well
as for hearings on changes of Zoning Classification, when such approvals are not sought
simultaneously. The Planning Commission shall approve or disapprove each application
for establishment or expansion of a Manufactured Home Park within thirty (30) days
after holding a public hearing thereon, unless the applicant agrees to a longer time period;
and the Planning Commission shall notify the applicant in writing of its decision.
27-3 Building permit for Manufactured Home Park: Accompanying a request for the
establishment or expansion of a Manufactured Home Park, or upon request to alter such a
park, the applicant shall submit to the Planning Commission plans and specifications for
the development of such park in accordance with the requirements of this Ordinance. The
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Planning Commission shall review such plans and specifications, and shall determine that
all requirements of this Ordinance and other legal requirements have been met. In
conducting its review, the Planning Commission shall submit copies of such plans and
specifications to the Public Works Department, the Waterworks Department, to the Chief
Building Official and the Richmond County Health Department. When the Planning
Commission has received in writing the approval of all required agencies and has made
its own determination that all requirements of this Ordinance and all other legal
requirements have been met or will be met in the course of establishment, expansion, or
alteration of the park, it shall certify the same in writing to the Chief Building Official
and shall forward to the Chief Building Official a copy of the approved plans and
specifications. The Chief Building Official may then issue building permits for
construction, expansion, or alteration of the Manufactured Home Park in accordance with
the application made and plan and specifications approved for same and in accordance
with all legal requirements.
27-4 Transfer of Manufactured Home Parks: Every Manufactured Home Park owner shall
give notice in writing to the Planning Commission within thirty (30) days after having
sold, transferred, given away, or otherwise disposed of interest in or control of any
Manufactured Home Park. Such notice shall include the name and address of the person
succeeding to the ownership or control of such park.
27-5 Conditions pertaining to existing Manufactured Home Parks: Manufactured Home
Parks operating at the time of adoption of this Ordinance shall be allowed to continue
operation provided that the minimum requirements of the Richmond County Board of
Health are met by such parks.
27-6 Standards for development of Manufactured Home Parks:
(a) Minimum Size of Tract: The minimum size of any tract to be developed for a
Manufactured Home Park shall be five (5) acres and such tract shall have a
minimum frontage on a paved public road or road to be paved and dedicated to
the public of one hundred (100) feet. The tract shall comprise a single parcel and
shall be and remain in the ownership of one person as defined herein.
(b) Code Standards: No manufactured home manufactured on or after January 1,
1968 shall be admitted to any Manufactured Home Park on or after the date of the
adoption of this Ordinance unless it can be demonstrated that it meets the
requirements of one of the following: American Standards Association Code
Provision A-119.1-1963, American Standards for Installation in Manufactured
Home of Electrical, Heating, and Plumbing Systems; or Manufactured Home
Manufacturer Association Manufactured Home Standards for Plumbing, Heating
and Electrical Systems; or any state or locally-administered code insuring equal or
better plumbing, heating, or electrical installations.
(c) Hazardous Conditions: No Manufactured Home Park shall be so located as to be
subjected to hazards of flood, poor soil conditions, poor drainage, or other
hazardous conditions.
(d) Every Manufactured Home Park shall be provided with a public water supply and
public sewage disposal system. Individual septic tank systems may be utilized in
lieu of public systems provided they are developed in accordance with the
provisions of the Groundwater Recharge Area Protection Ordinance.
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(e) Setback and Screening: No manufactured home, accessory structure, or other
building in a Manufactured Home Park shall be located closer than fifty (50) feet
from any park property line abutting any public street or highway nor closer than
twenty (20) feet from any other Park property line. All Manufactured Home parks
located adjacent to industrial or commercial land uses shall be provided with a
screening buffer strip at least ten (10) feet wide along the property boundary lines
separating parks and such adjacent nonresidential uses. Such screening shall
consist of a solid fence not less than eight (8) feet in height or of evergreen
vegetation of sufficient density to accomplish the purposes of a solid fence. Such
screens shall be maintained in good order at all times.
(f) Streets: Streets within Manufactured Home Parks shall be privately owned,
constructed and maintained. Alignment and gradient shall be properly adapted to
topography, to safe movement of traffic, to adequate control of surface water,
ground water, and drainage. No street shall be provided with less than an all-
weather surface. The type of road surface shall be determined by the Public
Works Department. All streets shall have either concrete curbs, asphalt curbs or
paved swells. The following widths shall be provided for surfaced portions of
streets.
(1) Class One Streets (less than 500' in length and serving 25 spaces or less on
a two-way street): one way with no curbside parking - 11 feet; one way
with curbside parking on one side only - 18 feet; one way with curbside
parking on both sides - 24 feet; two way with no curbside parking - 22
feet; two way with curbside parking on one side- 27 feet; two way with
curbside parking on both sides- 34 feet.
(2) Class Two Streets (other than Minor Streets serving up to and including
200 spaces with no other limitation on length): one way with no parking-
28 feet; two way with no parking - 24 feet; one way with parking on one
side- 24 feet; two way with parking on one side - 29 feet; one way with
parking on two sides - 26 feet; two way with parking on two sides - 36
feet.
(3) Class Three Streets (serving more than 200 spaces without limitation on
length): same as for Collector streets but requiring sidewalks on at least
one side. Such sidewalks shall be at least 3 feet wide and shall be paved.
(4) At Access Points: where internal park streets intersect with public streets,
the internal street shall have a surfaced width of 24 feet.
(g) Space Standards:
(1) Every manufactured home space within a Manufactured Home Park shall
have an area of not less than 4,000 square feet with a minimum width at
all points of 40 feet. Every such space shall have all corners clearly
marked.
(2) Each manufactured home space shall be directly accessible from an
approved internal park street. No direct access to manufactured home
spaces from public streets shall be granted.
(3) Manufactured homes shall be separated from each other by not less than
fifteen (15) feet end to end and twenty (20) feet side by side.
(4) Each manufactured home space shall be provided with a concrete patio of
at least one hundred (100) square feet which shall be convenient to the
entrance of the manufactured home. An awning may be placed over such
patio, but no structure shall be placed thereon.
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(5) The minimum distance between manufactured homes located on opposite
sides of an internal street shall be 36 feet.
(6) Expandable rooms on manufactured homes shall be deemed an integral
part of the manufactured home and shall meet all requirements stated
herein.
(h) Parking shall be provided at the minimum rate of one and one-half spaces for each
manufactured home space. If such parking is provided on each manufactured
home space, it shall be at the minimum rate of one and one-half spaces for each
manufactured home space and each space shall have minimum dimensions of ten
(10) feet by twenty (20) feet. If provided in common off-street parking bays, the
following standards shall apply:
PARKIG
AGLE
CURB LEGTH
PER CAR
MIIMUM BAY
DEPTH*
MIIMUM BACKIG
DEPTH*
900 9.0' 18' 24'
600 12.5' 17' 20'
250 12.7' 16' 19'
* Perpendicular to curb
(i) Illumination: Adequate illumination on all streets and sidewalks shall be
provided to insure the safe movement of pedestrians and vehicles at night. Such
illumination shall create no direct glare into surrounding areas.
(j) Fire Protection:
(1) All Manufactured Home Parks shall be equipped with fire protection
equipment as required by the latest locally adopted codes.
(2) Portable fire extinguishers of an approved type shall be kept in service
buildings and at all other appropriate locations and shall be maintained in
good operating condition.
(3) Standard fire hydrants shall be located with adequate access within 500
feet of any part of a building used as a manufactured residence or
accessory use.
(k) Landscaping and Ground Cover: It is the intent of this Section of this Ordinance
that the areas provided for setbacks shall be appropriately landscaped and planted
so as to provide a pleasing appearance to surrounding property. Further, ground
cover in the form of grass or other vegetation shall be provided throughout every
Manufactured Home Park so as to provide pleasant and, insofar as practicable,
dust-free conditions.
(l) Recreation: Not less than ten (10) percent of the total area of every Manufactured
Home Park shall be reserved and developed for a recreation area. Such area shall
be centrally located within each Manufactured Home Park and shall contain
individual areas which shall be equipped for passive adult recreation, children's
play, and a fenced tot lot. If a swimming pool is furnished, it shall be separated
from all other uses by a fence having a gate which is capable of remaining closed.
Required setbacks shall not be counted as part of the required recreation area.
27-7 Locating Individual Manufactured Homes on Individual Lots: Individual
manufactured homes may be permitted on individual lots, parcels, or tracts in A
(Agriculture) or R-MH (Manufactured Home Residence) Zones under the following
conditions:
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(a) Individual manufactured homes shall conform to all requirements of the zone in
which the homes are located.
(b) Individual manufactured homes in A (Agriculture) Zones shall be located at least
150 feet from any previously existing permanent dwelling.
(c) DELETED.
(d) No manufactured home shall be located on any lot, parcel, or tract occupied by
any other dwelling or manufactured home, and only one manufactured home shall
be located on each individual lot, parcel, or tract.
(e) Any manufactured home located on an individual lot, parcel, or tract shall be
placed on a foundation and shall be provided with a curtain wall enclosure so
constructed as to prevent passage of persons, animals, or debris into space beneath
the manufactured home.
(f) No manufactured home shall be located on an individual lot, parcel, or tract until
the location has been approved by the Planning Commission, the Chief Building
Inspector, and the Richmond County Health Department.
27-8 onconforming Individual Manufactured Homes: Manufactured homes on individual
lots, parcels, or tracts which were in place on January 1, 1980 are declared to be legal
nonconforming uses at their current location; provided however, that said manufactured
homes may not be altered or expanded in any way unless the alteration or expansion
results in conformance with this Comprehensive Zoning Ordinance.
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SECTIO 28
AIRPORT REGULATIOS
28-1 General Regulations: The following general regulations shall apply to all airports
encompassed by the area of this Ordinance.
(a) Flight Zones: All land within the boundaries of Daniel Field and within two (2)
miles of the landing area of the airports within Augusta-Richmond County, are
hereby divided into Airport Approach Zones and Airport Turning Zones. The
inner-area of the Airport Approach Zones are shown on the Airport Approach
Standards Maps by reference made a part hereof. The turning zones and the outer-
area of the Airport Approach Zones are that area within two (2) miles of the
boundaries of the landing area and the inner-area of the Airport Approach Zones.
The Airport Approach Standards Maps may be revised or replaced from time to
time to correspond with zone restrictions and approach standards, as required by
the Airport Manager and/or the Civil Aeronautic Authority.
(b) Height Limits: Except as otherwise provided in this Ordinance, no structure or
tree shall be erected, altered, allowed to grow, or maintained in any Airport
Approach Zone or Airport Turning Zone to a height in excess of the height limit
herein established for such zone. For the purpose of this regulation, the following
height limits are hereby established for each of the zones in question:
(1) Inner-area Airport Approach Zones- as shown on Airport Approach
Standards Maps.
(2) Outer-area Airport Approach Zones- one hundred and fifty (150) feet
above the elevation of the boundaries of the airport landing area.
(3) Turning Zones- one hundred and fifty (150) feet above the boundaries of
the airport landing area.
(c) Use Restrictions: Not withstanding any other provisions of this Ordinance, no use
may be made of land within any Airport Approach Zone or Airport Turning Zone
in such a manner as to create electrical interference with radio communication
between the airport and aircraft, make it difficult for fliers to distinguish between
airport lights and others, result in glare in the eyes of fliers using the airport, or
otherwise endanger the landing, takeoff, or maneuvering of aircraft.
(d) Hazard Marking and Lighting: Variances from this Ordinance granted by the
Board of Zoning Appeals may be so conditioned as to require the owner of the
structure or tree in question to permit the Augusta-Richmond County
Commission, to install, operate, and maintain thereon such markers and lights as
may be deemed necessary to indicate to fliers the presence of the airport hazard.
(e) Future Airports: The provisions of this Ordinance shall apply to future airports
located within the area encompassed by this Ordinance.
28-2 Bush Field Airport Regulations:
(a) Definitions: As used in this portion of the Ordinance, unless the content
otherwise requires, the following definitions shall be used:
(1) Airport Elevation means the established elevation of the highest point on
the usable landing area.
(2) Airport Hazard means any structure, tree, or use of land which obstructs
the airspace required for, or is otherwise hazardous to, the flight of aircraft
in landing or taking-off at the airport.
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(3) Airport Reference Point means the point established as the approximate
geographic center of the airport landing area and so designated.
(4) Height - for the purpose of determining the height limits in all zones set
forth in this Ordinance and shown on the Zoning Map, the datum shall be
mean sea level elevation unless otherwise specified.
(5) Instrument Runway means a runway equipped or to be equipped with
electronic or visual air navigation aids adequate to permit the landing of
aircraft under restricted visibility conditions.
(6) Landing Area means the area of the airport used for the landing, takeoff,
or taxing of aircraft.
(7) Nonconforming Use means any structure, tree, or use of land which is
lawfully in existence at the time the regulations are prescribed in this
Ordinance or an amendment thereto becomes effective and does not then
meet the requirements of said regulations.
(8) Non-instrument Runway means a runway other than an instrument
runway.
(9) Person means an individual, firm, partnership, corporation, company,
association, joint stock association, or body politic, and includes a trustee,
receiver, assignee, administrator, executor, guardian, or other
representative.
(10) Runway means the paved surface of an airport landing strip.
(11) Structure means an object constructed or installed by man, including, but
without limitation, buildings, towers, smoke- stacks, and overhead
transmission lines.
(12) Tree means any object of natural growth.
(b) Zones: In order to carry out the provisions of this Ordinance, there are hereby
created and established certain zones which include all of the land lying within
the Instrument Approach Zones, Non-instrument Approach Zones, Transition
Zones, Horizontal Zone, and Conical Zone. Such areas and zones are shown on
the Bush Field Airport Zoning Map consisting of one sheet prepared by the
Augusta-Richmond County Planning Commission and dated March 8, 1982,
which is attached to this Ordinance and made a part hereof. The various zones are
hereby established and defined as follows:
(1) Instrument Approach Zone- An Instrument Approach Zone is established
at each end of the instrument runway for instrument landings and takeoffs.
The Instrument Approach Zone shall have a width of one thousand (1,000)
feet at a distance of two hundred (200) feet beyond each end of the
runway, widening thereafter uniformly to a width of sixteen thousand
(16,000) feet a distance of fifty thousand two hundred (50,200) feet
beyond each end of the runway, its centerline being the continuation of the
centerline of the runway.
(2) Non-instrument Approach Zone- A Non-instrument Approach Zone is
established at each end of all non-instrument runways on Bush Field
Airport for non-instrument landings and takeoffs. The Non-instrument
Approach Zone shall have a width of five hundred (500) feet at a distance
of two hundred (200) feet beyond each end of the runway, widening
thereafter uniformly to a width of fifteen hundred (1,500) feet at a
horizontal distance of five thousand (5,000) feet beyond each end of the
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runway, its centerline being the continuation of the centerline of the
runway.
(3) Transition Zones- Transition Zones are hereby established adjacent to
each instrument and non-instrument runway and approach zone as
indicated on the Zoning Map. Transition Zones, symmetrically located on
either side of runways, have variable widths as shown on the Zoning Map.
Transition Zones extend outward from a line two hundred fifty (250) feet
on either side of the centerline of the non-instrument runway; for the
length of such runway plus two hundred (200) feet on each end; and five
hundred (500) feet on either side of the centerline of the instrument
runway, for the length of such runway plus two hundred (200) feet on each
end, and are parallel and level with such runway centerlines. The
Transition Zones along such runways slope upward and outward one (1)
foot vertically for each seven (7) feet horizontally to the point where they
intersect the surface of the Horizontal Zone. Further, Transition Zones are
established adjacent to both Instrument and Non- instrument Approach
Zones for the entire length of the Approach Zones. These Transition Zones
have variable widths, as shown on the Zoning Map. Such Transition Zones
flare symmetrically with either side of the Runway Approach Zones from
the base of such zones and slope upward and outward at the rate of one (1)
foot vertically for each seven (7) feet horizontally to the points where they
intersect the surfaces of the Horizontal and Conical Zones. Additionally,
Transition Zones are established adjacent to the Instrument Approach
Zone where it projects through and beyond the limits of the Conical Zone,
extending a distance of five thousand (5,000) feet measured horizontally
from the edge of the Instrument Approach Zones at right angles to the
continuation of the centerline of the runway.
(4) Horizontal Zone - A Horizontal Zone is hereby established by swinging
arcs of ten thousand (10,000) feet radii from the center of each end of the
primary surface of each runway and connecting the adjacent arcs by
drawing lines tangent to those arcs. The Horizontal Zone does not include
the Instrument and Non-instrument Approach and Transitional Zones.
(5) Conical Zone - A Conical Zone is hereby established commencing at the
periphery of the Horizontal Zone and extending outward and upward from
the periphery of the Horizontal Zone surface at a slope of twenty to one
(20:1) for a Horizontal Zone distance of four thousand (4,000) feet. The
Conical Zone does not include the Instrument and Non- instrument
Approach and Transition Zones.
(c) Height Limitations: Except as otherwise provided in this Ordinance, no structure
or tree shall be erected, altered, allowed to grow or maintained in any zone
created by this Ordinance to a height in excess of the height limit herein
established for such zone. Such height limitations are computed from the
established airport elevation and are hereby established for:
(1) Instrument Approach Zone- One (1) foot in height for each fifty (50) feet
in horizontal distance beginning at a point two hundred (200) feet from
and at the elevation of the end of the instrument runway and extending to a
horizontal distance of ten thousand (10,000) feet; thence, one (1) foot for
each forty (40) feet for an additional horizontal distance of forty
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thousand (40,000) feet beyond each end of the runway, its centerline being
the continuation of the centerline of the runway.
(2) Non-instrument Approach Zones- One (1) foot in height for each twenty
(20) feet in horizontal distance beginning at a point two hundred (200) feet
from and at the elevation of the end of the non-instrument runway and
extending to a point five thousand (5,000) feet beyond each end of the
runway, its centerline being the continuation of the centerline of the
runway.
(3) Transition Zones- One (1) foot in height for each seven (7) feet in
horizontal distance beginning at a point two hundred fifty (250) feet
normal to and at the elevation of the centerline of non-instrument runways
extending two hundred (200) feet beyond each end thereof, and five
hundred (500) feet normal to and at the elevation of the centerline of the
instrument runway extending two hundred (200) feet beyond each end
thereof, extending to a height of one hundred fifty (150) feet above the
airport elevation which is 145.14 feet above mean sea level. In addition to
the foregoing, there are established height limits of one (1) foot vertical
for each seven (7) feet horizontal distance measured from the edges of all
approach zones for the entire length of the approach zones and extending
upward and outward to the points where they intersect the horizontal or
conical surfaces. Further, where the Instrument Approach Zone projects
through and beyond the Conical Zone, a height limit of one foot for each
seven (7) feet of horizontal distance shall be maintained beginning at the
edge of the Instrument Approach Zone and extending a distance of five
thousand (5,000) feet from the edge of the Instrument Approach Zone
measured normal to the centerline of the runway extended.
(4) Horizontal Zone- One hundred and fifty (150) feet above the airport
elevation or a height of 295.14 feet above mean sea level except where the
existing elevation is greater than 245.14 feet above mean sea level, in
which case the horizontal zone shall equal the existing ground elevation
plus fifty (50) feet.
(5) Conical Zone- One (1) foot in height for each twenty (20) feet of
horizontal distance beginning at the periphery of the horizontal zone,
extending to a height of 495.14 feet above the airport elevation. Where an
area is covered by more than one height limitation, the more restrictive
limitation shall prevail. Nothing in this Ordinance shall be construed as
prohibiting the growth, construction, or maintenance of any tree or
structure to a height up to twenty (20) feet above the surface of the land.
(d) Use Restrictions: Notwithstanding any other provisions of this Ordinance, no use
may be made of land within any zone established by this Ordinance in such a
manner as to create electrical interference with radio communication between the
airport and aircraft, make it difficult for fliers to distinguish between airport lights
and others, result in glare in the eyes of fliers using the airport, impair visibility or
otherwise endanger the landing, takeoff or maneuvering of aircraft.
(e) Nonconforming Uses:
(1) Regulations not retroactive. The regulations prescribed by this Ordinance
shall not be construed to require the removal, lowering, or other changes
or alteration of any structure or tree not conforming to the regulations as
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of the effective date of this Ordinance or otherwise interfere with the
continuation of any nonconforming use.
(2) Marking and lighting. Notwithstanding the preceding provision of this
Section, the owner of any nonconforming structure or tree is hereby
required to permit the installation, operation and maintenance thereon of
such markers and lights as shall be deemed necessary by the Federal
Aviation Administration to indicate to the operators of aircraft in the
vicinity of the airport, the presence of such airport hazards. Such markers
and lights shall be installed, operated, and maintained at the expense of the
Augusta-Richmond County Commission.
(f) Permits:
(1) Future uses- except as specifically provided in the paragraph whereunder,
no material change shall be made in the use of land and no structure or
tree shall be erected, altered, planted, or otherwise established in any zone
hereby created unless a permit therefore shall have been applied for and
granted. Each application for a permit shall indicate the purpose for which
the permit is desired, with sufficient particularity to permit it to be
determined whether the resulting use, structure, or tree would conform to
the regulations herein prescribed. If such determination is in the
affirmative, the permit shall be granted. In the area lying within the limits
of the Horizontal Zone and Conical Zone, no permit shall be required for
any tree or structure less than seventy-five (75) feet of vertical height
above the ground, except when, because terrain, land contour, or
topographic features such tree or structure would extend above the height
limits prescribed for such zone.
In the areas lying within the limits of the instrument and non-instrument
approach zones but at a horizontal distance of not less than four thousand
two hundred (4,200) feet from each end of the runways, no permit shall be
required for any tree or structure less than seventy-five (75) feet of vertical
height above the ground, except when such tree or structure, because of
terrain, land contour, or topographic features would extend above the
height limit prescribed for such instrument or non-instrument approach
zone.
In the areas lying within the limits of the transition zones beyond the
perimeter of the horizontal zone, no permit shall be required for any tree
or structure less than seventy-five (75) feet of vertical height above the
ground, except when such tree or structure, because of terrain, land
contour, or topographic features, would extend above the height limit
prescribed for such transition zones. Nothing contained in any of the
foregoing exceptions shall be construed as permitting or intending to
permit any construction, alteration, or growth of any structure or tree in
excess of any of the height limits established by this Ordinance.
(2) Existing uses. No permit shall be granted that would allow the
establishment or creation of an airport hazard or permit a nonconforming
use, structure, or tree to be made higher or become a greater hazard to air
navigation than it was on the effective date of this Ordinance or any
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amendments thereto or than it is when the applications for such a permit
shall be granted.
(3) Nonconforming uses abandoned or destroyed. When ever the Chief
Building Official determines that a nonconforming structure or tree has
been abandoned or more than eighty percent (80%) torn down, physically
deteriorated, or decayed, no permit shall be granted that would allow such
structure or tree to exceed the applicable height limit or otherwise deviate
from the zoning regulations.
(4) Hazard marking and lights. Any permit or variance granted may, if such
action is deemed advisable to effectuate the purpose of this Ordinance and
be reasonable in the circumstances, be so conditioned as to require the
owner of the structure or tree in question to permit the Augusta-Richmond
County Commission, to install, operate, and maintain thereon such
markers and lights as may be necessary to indicate to fliers the presence of
an airport hazard.
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SECTIO 28-A
TELECOMMUICATIO FACILITIES
28-A-1 PURPOSE. This section is designed and intended to balance the interests of the
residents of Augusta-Richmond County, telecommunications providers and
telecommunications customers in the siting of telecommunications facilities
within Augusta-Richmond County so as to protect the health, safety and integrity
of residential neighborhoods and foster through appropriate zoning and land use
controls, a competitive environment for telecommunications carriers that does not
unreasonably discriminate among providers of functionally equivalent personal
wireless services and shall not prohibit or have the effect of prohibiting the
provision of personal wireless services, and so as to promote Augusta- Richmond
County as a proactive city in the availability of personal wireless
telecommunications service. To that end, this section shall:
A. Provide for the appropriate local land use and development of
telecommunications facilities in Augusta-Richmond County;
B. Protect Augusta-Richmond County's built and natural environment by
promoting compatible design standards for telecommunications facilities;
C. Minimize adverse visual impacts of telecommunications facilities through
careful design, siting, landscape screening and innovative camouflaging
techniques;
D. Avoid potential damage to adjacent properties from tower or antenna
failure through engineering and careful siting of telecommunications
tower structures and antenna;
E. Maximize use of any new and existing telecommunications towers so as to
minimize the need to construct new towers and minimize the total number
of towers throughout Augusta-Richmond County;
F. Maximize and encourage use of alternative telecommunication tower
structures rather than construction of additional single-use towers; and
G. Encourage and promote the location of new telecommunications facilities
in areas which are not zoned for residential use.
28-A-2 DEFIITIOS. As used in this ordinance, the following terms shall have the
meanings indicated:
A. "Antenna" means any exterior apparatus designed for the sending and/or receiving
of electromagnetic waves for telephonic, radio, television, or personal wireless
services. For the purposes of this ordinance the term "antenna" does not include
any tower and antenna under seventy (70) feet in total height which is owned and
operated by an amateur radio operator licensed by the Federal Communications
Commission, and any device designed for over-the-air reception of radio or
television broadcast signals.
B. “Director” means the Executive Director of the Augusta-Richmond County
Planning Commission.
C. "Governing body" means the Augusta Commission;
D. "Monopole tower" means a telecommunications tower consisting of a single pole
constructed without guy wires or ground anchors;
E. “Panel Antenna” means a flat surfaced antenna used for transmitting and
receiving radio signals.
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F. “Permitted Use” means the use of land that is allowed “by right” requiring no
further zoning action or special exception to permit its development.
G. “Stealth Facility” means a telecommunications facility that is not readily
identifiable as a telecommunications facility, is visually unobtrusive, and has an
innovative approach to construction.
H. "Telecommunications facilities" refers to antenna and towers, either individually
or together.
I. "Tower" means a structure, such as a lattice tower, or monopole tower constructed
as a freestanding structure or in association with a building, other permanent
structure or equipment on which is located one or more antenna intended for
transmitting or receiving analog, digital, microwave, cellular, telephone, personal
wireless service or similar forms of electronic communication. The term includes
microwave towers, common carrier towers, and cellular telephone towers;
J. "Whip antenna" means an antenna vertically oriented, for transmitting and
receiving radio signals.
28-A-3 EXEMPTIOS. The following shall be exempt from this ordinance:
A. Any tower and antenna under seventy (70) feet in total height which is owned and
operated by an amateur radio operator licensed by the Federal Communications
Commission;
B. Any device designed for the over-the-air reception of radio or television broadcast
signals; or
C. Any telecommunications facilities located on property owned, leased or otherwise
controlled by Augusta-Richmond County provided a license or lease authorizing
the telecommunications facility has been approved;
28-A-4 GEERAL REQUIREMETS. The following shall govern the location and
construction of all telecommunication facilities regulated by this ordinance:
A. Building Codes and Safety Standards. To ensure the structural integrity of
telecommunications facilities, the owner of a telecommunications facility shall
ensure that it is maintained in compliance with standards contained in applicable
local building codes and constructed to the EIA/TIA 222-E standards, as
published by the Electric Industries Association, which may be amended from
time to time. Owners of telecommunications facilities shall conduct periodic
inspections of such facilities at least once every five years to ensure structural
integrity. Inspections shall be conducted by a qualified independent engineer
licensed to practice in Georgia. The results of such inspection shall be provided to
the Director.
B. Regulatory Compliance.
1. All telecommunications facilities must meet or exceed current standards
and regulations of the FAA, the FCC and any other agency of the state or
federal government with the authority to regulate telecommunications
facilities.
2. Owners of telecommunications facilities shall provide certification
showing that each telecommunications facility is in compliance with all
applicable federal and state requirements. Certification of compliance
must be submitted every 5 years.
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C. Visual Impact.
1. Telecommunications facilities shall either maintain a galvanized steel
finish, or subject to any applicable standards of the FAA or other
applicable federal or state agency, be painted a neutral color or painted
and/or textured to match the existing structure so as to reduce visual
obtrusiveness.
2. If an antenna is installed on a structure other than a tower, the antenna and
associated electrical and mechanical equipment must be of a neutral color
or identical to, or closely compatible with the color of the supporting
structure so as to make the antenna and related equipment as visually
unobtrusive as possible. Roof-mounted antennas shall be made visually
unobtrusive by screening to match existing air conditioning units, stairs,
elevator towers or other background.
3. Where feasible, telecommunications facilities should be placed directly
above, below or incorporated with vertical design elements of a building
to help in camouflaging.
4. Any equipment shelter or cabinet that supports telecommunications
facilities must be concealed from public view or made compatible with the
architecture of the surrounding structures or placed underground.
Equipment shelters or cabinets shall be screened from public view by
using landscaping or materials and colors consistent with the surrounding
backdrop. The shelter or cabinet must be regularly maintained.
5. Site location and development shall preserve the primary character of the
surrounding buildings and land uses and the zone district as much as
possible. Towers shall be integrated through location and design to blend
in with existing characteristics of the site to the extent practical.
6. Except for stealth facilities, towers shall not be sited where they would, in
the opinion of the Augusta-Richmond County Planning Commission,
negatively affect (a) historic structures or landmarks that are recognized
or designated in national or state historic registers, or (b) structures or
landmarks that are at least fifty (50) years old and, in the opinion of the
Augusta-Richmond County Planning Commission have some
demonstrable historic value.
7. At a tower site the design of the buildings and related structures shall to
the extent possible, use materials, colors, textures, screening, and
landscaping that will blend the tower and related facilities to the natural
setting and built environment.
D. Landscaping.
1. Landscaping shall be used to effectively screen the view of the
telecommunication facility from adjacent public ways, public property and
residential property.
2. Native vegetation on the site shall be preserved to the greatest practical
extent. The applicant shall provide a site plan showing existing significant
vegetation to be removed, and vegetation to be replanted to replace that
lost.
3. The landscaping requirement, where lesser requirements are desirable for
adequate visibility for security purposes, for continued operation of
existing bona fide agricultural or forest uses such as farms, nurseries and
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tree farms or where an antenna is placed on an existing structure may be
modified or waived upon approval of the Augusta-Richmond County
Planning Commission. In certain locations where the visual impact of the
tower would be minimal, such as remote agricultural or rural locations or
developed heavy industrial areas, the landscaping requirement may be
modified or waived upon approval by the Augusta-Richmond County
Planning Commission.
4. Existing on-site vegetation shall be preserved or improved, and
disturbance of the existing topography shall be minimized, unless such
disturbance would result in less visual impact of the site to the surrounding
area.
5. The landscaping provisions of this section shall not apply to
telecommunication facilities located in LI (Light Industry) and HI (Heavy
Industry) zones, unless the site is in view of a residential use in a
residential zone, as viewed from the base of the tower. This does not
exempt such development from the provisions of the Richmond County
Tree Ordinance.
E. Setbacks.
The following setback requirements shall apply to all telecommunications facilities,
provided however, that the Augusta-Richmond County Planning Commission may reduce
the standard setback requirements of this section if the goals of this ordinance would be
better served thereby:
1. Telecommunications towers must be set back a distance equal to the height of the
tower from any existing off-site residential structure.
2. Telecommunications towers must be set back a distance equal to one half of the
height of the tower from any property line which borders a single family
residentially zoned lot that is either located in a developed or developing
subdivision or a tract for which a legal subdivision development plan is on file.
3. Towers, guy wires and accessory facilities must satisfy the zoning district setback
requirements as identified in Sections 7-28 of this Ordinance.
4. The tower setbacks referenced in Subsections 1 and 2 of this Section [28-A-4(E)]
shall be measured from the base of the tower itself.
F. Miscellaneous.
1. Lighting: No illumination is permitted on telecommunications facilities unless
required by the FCC, FAA, or other state or federal agency of competent
jurisdiction or unless necessary for air traffic safety. When lighting is required, it
shall be oriented inward to the extent possible so as not to project onto
surrounding residential property.
2. Advertising. No advertising is permitted on telecommunications facilities.
However, whip antennas or panel antennas may be allowed on any legally
permitted permanent billboard or outdoor advertising sign as long as the other
requirements of this ordinance are met.
3. Telecommunication facilities may be located on sites containing other principal
uses in the same buildable area.
4. Security. Towers shall be enclosed by decay-resistance security fencing not less
than six (6) feet in height and shall be equipped with an appropriate anti-climbing
device or other similar protective device designed to prevent tower access. If the
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owner can demonstrate the ability to restrict unauthorized access to the tower,
then this latter provision may be waived by the Director.
28-A-5 DISTRICT REGULATIOS.
A. Agriculture (A) Zone.
1. Telecommunication towers may be located in an A zone upon the granting
of a special exception.
2. Factors to be considered in granting a special exception are identified in
28-A-6.
B. Single-family Residential Zone (R-1, R-1A, R-1B, R-1C, R-1D, and R-1E):
1. Telecommunication facilities not exempted under 28-A(3) may not be
located in the R-1 zone as permitted uses;
2. Deleted
3. In order to qualify for consideration by Special Exception in the R-1 zone,
telecommunication facilities must be located on existing nonresidential
structures, or designed as stealth facilities.
4. Factors to be considered in granting a Special Exception are identified in
28-A-6.
C. Two-family Residential (R-2), Multiple-Family Residential (R-3A, R-3B, and R-
3C), Manufactured Home Residential (R-MH), and Professional (P-1) Zones.
1. Telecommunication facilities or antenna, and stealth facilities shall be
permitted uses in the R-2, R-3A, R-3B, R-3C, R-MH, and P-1 zones, if
they are located on existing nonresidential structures, and as long as they
do not exceed the height allowable in the zone. Whip antennas or panel
antennas may extend twenty (20) feet above the height limit.
2. Otherwise, telecommunications towers may be located in the R-2, R-3A,
R-3B, R-3C, R-MH, and P-1 zones upon the granting of a special
exception.
3. Factors to be considered in granting a Special Exception are identified in
28-A-6.
D. Neighborhood Business Zone (B-1).
1. Monopole telecommunication facilities and antenna may be located in the
B-1 zone as permitted uses so long as they do not exceed the height limit
for the zone, except that whip antennas or panel antennas can extend
twenty (20) feet above the height limit.
2. Other telecommunication facilities may be located in the B-1 zone upon
the granting of a Special Exception.
3. Factors to be considered in granting a Special Exception are identified in
28-A-6.
E. General Business Zone (B-2)
1. A telecommunication facility may be located in the B-2 zone as a
permitted use under the following conditions:
(a) does not exceed the height limit of the zone, and within ½ mile of a
proposed tower location there are no existing structures the top of
which appear to be 90% or more of the height (elevation AMSL)
of the proposed tower; or
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(b) It exceeds the height limit for the zone, but not by more than thirty
(30) feet, and the tower will be built to accommodate two other
wireless carriers (at least 3) and within ½ mile of a proposed tower
location there are no other existing structures the top of which
appear to be 90% or more of the height (elevation AMSL) of the
proposed tower; or
(c) It does not exceed the height limit for the zone and the applicant
can demonstrate to the satisfaction of the staff of the Planning
Commission that coverage / capacity capability and system design
would be compromised if the applicant were required to co-locate.
2. In all other cases, telecommunication facilities may be permitted in the B-
2 zone by special exception.
3. Factors to be considered in granting a special exception are identified in
28-A6.
4. Whip antennas or panel antennas may extend twenty (20) feet above the
height limit for the zone or any other permitted height as indicated above.
F. Industrial Zones (LI and HI). Telecommunication facilities may be located in the
LI and HI zones under the following conditions:
1. As permitted uses in the LI zone if the height is not to exceed 200 feet;
and
2. As permitted uses in the HI zone if the height is not to exceed 350 feet.
3. In all other cases, telecommunication facilities may be permitted in the LI
and HI zones by special exception.
4. Factors to be considered in granting a special exception are identified in
28-A6.
28-A-6 SPECIAL EXCEPTIO.
Criteria to be used to evaluate applications that require special exceptions shall include the
following:
1. height of proposed structure
2. distances to residences
3. nature of surrounding land use
4. surrounding topography
5. surrounding tree coverage
6. design of structure - characteristics that reduce obtrusiveness
7. design of structure - ability to accommodate additional antenna
8. ingress and egress
9. availability of towers or other tall structures within one-half mile of the proposed
site. If within ½ mile of a proposed tower location there are existing structures the
top of which appear to be 90% or more of the height (elevation AMSL) of the
proposed tower site, then evidence must be provided with the application that
existing structures are not of sufficient strength, or applicant use of structure
would cause conflict with the existing use of structure, or that the cost of sharing
would be unreasonable, or that the structure is not available for co-location, or
coverage / capacity capability and system design would be compromised. (SEE
28-A-7);
10. Proximity to property owned by Augusta-Richmond County that could be utilized
for construction at the same or less cost to the carrier while accomplishing the
same coverage goals of the carrier.
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28-A-7 APPLICATIO PROCEDURE. Applications for the construction of telecommunications
facilities, except for whip antennas and panel antennas where they are permitted uses, shall be
made to the staff of the Augusta-Richmond County Planning Commission. A cursory review
during an initial conference regarding a proposed facility may be held, but applications will not
be accepted unless they contain the following information:
A. Site plan or plans to scale specifying the location of telecommunications facilities,
transmission building and/or other accessory uses, access, fences, landscaped area and
adjacent land uses.
B. Landscape plan to scale indicating size, spacing and type of plantings required in Section
28-A-2d.
C. A general description of the environment surrounding the proposed telecommunications
facility accompanied by a map covering an area at least one-half mile in radius, to scale
no greater than one inch to 1200 feet, showing any adjacent residential structures and
districts, structures and sites of historic significance, streetscapes or scenic view
corridors.
D. For those proposed tower locations requiring a special exception or for those facilities for
which the elevation of the top of other structures could result in the need for a special
exception, identification of the geographic service area for the subject installation,
including a map covering an area at least one-half mile in radius and at a scale no greater
than one inch to 1200 feet showing the site and the nearest or associated
telecommunications facility sites within the network of the applicant. Describe the
distance between the telecommunications facility sites of the applicant. Describe how this
service area fits into and is necessary for the service network of the applicant.
E. For those proposed tower locations requiring a special exception or for those facilities for
which the elevation of the top of other structures could result in the need for a special
exception, a map covering an area of at least one-half mile in radius, to scale no greater
than one inch to 1200 feet, showing all publicly owned property and buildings per
information provided by Augusta, Georgia, telecommunication facilities, and structures
that are 90% or more of the proposed facility height (AMSL). Provide a list of all such
properties and structures including street addresses, and a statement describing good faith
efforts and measures that were taken to secure these locations, addressing why such
properties and structures were not structurally, legally, technically, or economically
feasible and why such efforts were unsuccessful.
F. For those proposed tower locations requiring a special exception or for those facilities for
which the elevation of the top of other structures could result in the need for a special
exception, the applicant shall quantify the additional tower capacity to be constructed if
the proposal is granted, including the approximate number and types of antenna that it
could accommodate. The applicant shall provide a drawing of each tower showing
existing and proposed antenna locations. The applicant shall also describe any limitations
on the ability of the tower to accommodate other uses, e.g., radio frequency interference,
mass height, frequency or other characteristics. The applicant shall provide certification
that notice of the application has been given to all other telecommunication tower users in
the area by certified mail identifying the proposed location and asking for their input
regarding co-location possibilities.
G. Report from the applicant documenting the following:
1. Telecommunications facility height and design, including technical, engineering,
economic, and other pertinent factors governing selection of the proposed design;
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2. Total anticipated capacity of the telecommunications facility, including number
and types of antenna which can be accommodated;
3. Evidence of structural integrity of the tower structure; and
4. Structural failure characteristics of the telecommunications facility and
demonstration that site and setbacks are of adequate size to contain debris.
H. The identity of a community liaison officer appointed by the applicant to resolve issues of
concern to neighbors and residences relating to the construction and operation of the
facility. Include name, address, telephone number, facsimile number and electronic mail
address, if applicable.
I. For those proposed tower locations requiring a special exception or for those facilities for
which the elevation of the top of other structures could result in the need for a special
exception, a schedule for construction of the proposed facility if zoning authorization is
granted. Upon approval of a special exception, construction must begin within one year
or the special exception shall be null and void. An applicant who is licensed by the FCC
may submit a revised schedule to the Planning Commission within the one year period
asking for an extension, which the Planning Commission shall have the authority to
consider as a variance. In no case shall an applicant who is not licensed by the FCC be
eligible for a variance from the one year provision.
28-A-8 ABADOED TOWERS.
A. Any telecommunications facility that is not operated for a continuous period of two (2)
years or more shall be considered abandoned, whether or not the owner or operator
intends to make use of it or any part of it. The owner of a telecommunications facility and
the owner of the property where the facility is located shall remove the abandoned
telecommunications facility. If such antenna and/or tower is not removed within sixty
(60) days of receipt of a notice from Augusta- Richmond County, notifying the owner(s)
of such abandonment, Augusta, Georgia may remove such tower and/or antenna and
place a lien upon the property to insure that abandoned telecommunications facilities are
removed. Delay by Augusta. Georgia in taking action shall not in any way waive
Augusta, Georgia's right to take action. Augusta, Georgia may seek to have the
telecommunications facility removed regardless of the owner's or operator's intent to
operate the tower or antenna and regardless of any permits, federal, state or otherwise,
which may have been granted.
B. If the owner of a tower or antenna, which has been abandoned for a period of two years
or more, wishes to use such abandoned tower or antenna, the owner first must apply for
and receive all applicable permits and meet all of the conditions of this ordinance as if
such tower or antenna were a new tower or antenna.
28-A-9 PRE-EXISTIG TOWER / OCOFORMIG USES.
A. All telecommunications facilities operative on the effective date shall be allowed to
continue their present usage as a nonconforming use and shall be treated as a
nonconforming use in accordance with Section 5 of the Comprehensive Zoning
Ordinance. Routine maintenance, including replacement with a new tower or antenna of
like construction and height, shall be permitted on such existing telecommunications
facilities. New construction other than routine maintenance shall comply with the
requirements of this ordinance.
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B. Proposed communication antennae may, and are encouraged to, collocate onto existing
communication towers. Collocations are permitted by right and new or additional special
exception approval shall not be required.
C. An existing communication tower may be modified or rebuilt to a height not to exceed
thirty (30) feet more than the existing tower’s height, to accommodate the location of
additional communication antennae. An increase in height per this provision shall only be
permitted one time at a given tower location. The following provisions shall also apply:
1. The type of construction shall be the same tower type as the existing
communication tower or of monopole design.
2. The additional height shall not require an additional distance separation as set
forth in either subsections 28-A-4E (1), (2), or (3).
3. A communication tower which is being rebuilt to accommodate the collocation of
additional communication antennae may be moved on-site within one hundred
(100) feet of its existing location so long as it is not moved closer to any
residential structures than the existing location had been.
4. After the communication tower is rebuilt to accommodate collocation, only one
tower may remain on the site.
5. A relocated on-site communication tower shall continue to be measured from the
original tower location. The relocation of a tower hereunder shall in no way be
deemed to cause violation of subsections 28-A4E (1), (2), or (3).
6. The on-site relocation of a communication tower that is greater than one hundred
(100) feet and which comes within the set back distances to residential units, as
established in Section 28-A-4E of this ordinance, shall be permitted only when
notarized written consent is obtained from adjoining residential property owners.
Nonconforming residential structures of three (3) or less do not apply.
D. Placement of an antenna on a nonconforming structure shall not be considered an
expansion of the nonconforming structure.
December 2010 – deleted 28-A-(5-B-2)
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SECTIO 28-B
SIGS
28-B-1 PURPOSE. The purpose of this Section is to provide fair and comprehensive regulations that
will promote safety by eliminating confusing, distracting and unsafe signs; assure the opportunity
for businesses to advertise in an efficient and cost-effective manner; and enhance the physical
appearance, natural beauty and historical significance of Augusta. It is declared that the
regulation of signs within Augusta is necessary and in the public interest:
A. To promote traffic safety and protect the general public from damage and injury caused,
or partially attributable to, the distractions or obstructions impairing motorists' ability to
see pedestrians, other vehicles, obstacles or traffic signs which are caused by improperly
designed or situated signs;
B To protect property values within Augusta;
C. To promote and aid in the tourist industry which is declared to be of importance to the
economy of Augusta;
D. To provide a pleasing overall environmental setting and community appearance which is
deemed vital to tourism and to the continued economic attractiveness of Augusta;
E. To allow signs appropriate to the planned character of each zoning district;
F. To protect the right of citizens to enjoy Augusta's natural scenic beauty;
G. To improve the legibility and effectiveness of commercial and governmental signs; and
H. To preserve and promote the public health, safety and welfare in the City.
I. To enhance the aesthetics of the community.
28-B-2 DEFIITIOS. For the purpose of this Section the following definitions will be used:
Banner. A sign or outside advertising display bearing the characters, letters, illustrations,
ornamentations, symbols, colors, or visual representations applied to cloth, paper, vinyl,
fiber, plastic, or like malleable material with or without frame. The term "banner" shall
include flags, pennants, life rafts, t-shirts, towels, ribbons, spinners, streamers, kites,
balloons, tethered hot air balloons, inflatable devices, and similar objects, or any other
material or outside advertising display whether stationary or fastened in such a manner as to
move upon being subjected to movement of the atmosphere or any mechanical device. A
banner may or may not have lettering or other specific identification or advertising
information or graphics.
Commercial (as used in commercial message or commercial speech). Related to the promotion
or sale of a service or product.
Flag, Official. A flag of the United State of America, or a flag of the State of Georgia or other
governmental entity, or a flag officially adopted by the person, institution, organization, or
corporation occupying a property.
Message Board or Reader Board. A sign or portion of a sign on which the message or copy
changes automatically on a lamp bank or through mechanical means. Also known as a
Commercial Electronic Variable Message Sign.
Non Commercial (as used in non commercial message or non commercial speech). Not related
to the promotion or sale of a service or product.
Reader Board or Message Board. A sign or portion of a sign on which the message or copy
changes automatically on a lamp bank or through mechanical means. Also known as a
Commercial Electronic Variable Message Sign.
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Sign. Any device or representation for visual communication that is used for the purpose of
bringing the subject thereof to the attention of others which is located on or attached to
premises, real property, structures on real property, or a vehicle.
Sign, Abandoned. A sign which was properly permitted and erected on property in conjunction
with a particular use which use has been discontinued for a period of 30 days or more; or a
permitted temporary sign for which the permit has expired.
Sign, Awning. A sign located on an awning, which is a roof-like cover providing protection
from the weather placed over or extending from or above any window, door or other entrance
to a building.
Sign, Building Mounted. An on-premises sign painted onto or attached to a building, canopy,
awning, marquee or mechanical equipment located outside a building.
Sign, Canopy. A sign located on a canopy, which is a permanent roof-like structure providing
protection against the weather whether attached to or detached from a building.
Sign Enforcement Officer. An employee of the License and Inspection Department who is
responsible for enforcement of the provisions of this Section and is empowered to issue
citations, remove certain illegal signs, and take other actions consistent with this Section.
Sign, Freestanding. A sign supported by a structure secured in the ground and which is wholly
independent of any building, fence, vehicle, or other support.
Sign, Mansard. A sign attached to the mansard section of a roof, which is the lower, mostly
vertical portion of a roof with two pitches, including a flat topped roof with a mansard
portion.
Sign, Marquee. A sign attached to a marquee, which is a permanent roof-like structure
projecting from and beyond a building wall at an entrance to a building or extending along
and projecting beyond the building's wall and generally designed and constructed to provide
protection against the weather.
Sign, Monument. A freestanding sign which is mounted on or supported by a structure which is
not a simple pole, pylon, or beam system.
Sign, Non Conforming. A sign which was in existence and was constructed in compliance with
the terms of any prior Ordinance but does not conform to the provisions of this Section.
• Sign, Off-Premises. A sign, single face, double face, or v-type, which directs attention to one
or more businesses, commodities, services, or entertainment, and which is primarily, but not
exclusively conducted, sold, or offered off the premises on which the sign is located. This
definition shall not be construed to prohibit non commercial messages on off-premises signs.
• Sign, On-Premises. A sign relating its subject matter to the premises on which it is located,
or to products accommodating services or activities on the premises. This definition shall not
be construed to prohibit non commercial messages on on-premises signs.
• Sign, Pole (or Pylon) Mounted. A freestanding sign which is mounted on or supported by a
simple pole, pylon, or beam system.
Sign, Political. A sign erected for the purpose of advertising a candidate or stating a position
regarding an issue upon which the voters of the city shall vote.
Sign, Portable. A sign which is designed to be transportable (with wheels; designed to be
transported by trailer or wheels; mounted on a vehicle for advertising purposes, parked and
visible from the public right-of-way – except for normal business vehicles) and utilized at
different locations and is not permanently affixed to the ground or to a building.
• Sign, Projecting. An on-premises sign attached to a building, canopy, awning or marquee
and projecting outward therefrom in any direction a distance of two feet or more.
Sign Surface Area. A measurement of the portion of a sign consisting of the actual copy,
advertisement, or area devoted to identification or proclamation within the periphery of the
smallest circle, triangle, rectangle, a combination of the foregoing. The sign surface area
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shall include any background material, trim, color, or other visual representations which
attracts attention or are used to differentiate a sign from a building, structure, backdrop
surface, or object upon which the sign is placed. Sign surface area shall not include the sign
structures if no message, symbol, or any of the aforementioned sign face criteria are
displayed on or designed as part of the sign structure.
Sign, Temporary. A sign or advertising display constructed of cloth, canvas, fabric, paper,
plywood, sheet metal, or another light material which is designed to be used only
temporarily, and which is not permanently mounted. Included in this category are banners,
portable signs, retailers signs temporarily displayed such as special sale signs, special event
signs, special product or service promotional signs, and similar signs.
Sign, Traffic Directional. An on-premises sign consisting of a simply message such as "in",
"out", "parking" or something similar and an arrow, logo, but nothing more erected solely for
the purpose of vehicular or pedestrian traffic direction or safety. Such sign shall have no
advertising words or phrases.
Sign, Window. Any sign or display which is painted on or applied to or projected upon or within
the interior or exterior of a building glass area, including doors, which can be read from
contiguous property or public right-of-way.
28-B-3 ADMIISTRATIO. Administration of this Section shall be the responsibility of the License
and Inspection Department. Administration shall consist of (A) application and sign plan, and
(B) sign permit:
A. Application and Sign Plan. A sign permit may be issued upon the submission of an
application and an approved sign plan, and payment of a fee. The application shall be on
a form provided by Augusta, Richmond County disclosing the sign owner, property
owner, property occupant, address of the premises where the sign is to be located,
together with the size of the proposed sign and a description of any other signs located on
the premises, other signs for which a permit has been issued and remain outstanding, and
for proposed signs yet to be permitted. In addition, other information shall be provided
as indicated on the form, and other information needed pursuant to Sections 28-B-6
through 28-B-12 shall be provided.
Every permit application shall be accompanied by a sign plan. A sign plan shall show the
location of all existing, permitted but not erected, and proposed signs, all buildings,
parking facilities, driveways, curbs and right-of-way lines immediately adjacent to the
property. Also, single-family residential structures on adjoining properties shall be
shown. The location of the sign(s) for which the permit applies shall be shown. In
addition, the sign plan shall include drawings of all proposed signs showing dimensions,
elevations, height, setbacks, materials and illumination sources, types, and intensity.
Sign plans shall be scaled drawings with accurate dimensions provided, where
appropriate, to show conformance to this Section. Sign plans need not be prepared by
licensed professionals, unless required elsewhere in this Section, but a certification of
their accuracy shall be placed upon the plan.
Sign plans shall be approved, approved with conditions, or denied by the License and
Inspection Department. Action on a sign plan shall be taken within five working days of
submission or it shall be deemed to have been approved. An approved sign plan, an
application, and payment of a fee shall be required to obtain a sign permit.
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B. Sign Permit. Except as specified in Subsection 28-B-4 of this Section, a sign permit must
be obtained from the License and Inspection Department prior to the erection, installation
or material alteration of any sign. As used in the preceding sentence, material alteration
shall mean any change in, a) the height of a sign, b) the surface area of a sign, c) the
location of a sign, d) the supporting structure of a sign, and e) the illumination of a non-
illuminated sign; such terms shall not include routine maintenance and repair or routine
electrical work only. Permits may be obtained from the License and Inspection
Department. Signs to be located in locally designated historic districts (Title 7, Chapter 4
of the Augusta Richmond County Code), shall be approved by the Historic Preservation
Commission.
A sign permit shall be accompanied by a decal which shall be affixed to the sign structure
before it is erected. A Permit for a temporary sign shall be accompanied by a decal color
coded to the calendar quarter in which the permit is valid. A decal for a permanent sign
shall be valid and remain affixed to the sign throughout the life of the sign. A sign permit
issued upon the basis of false or misleading information which is material to the
application and granting of a permit, shall be immediately revoked and such sign shall be
removed within 30 days.
28-B-4 EXEMPTIOS. The following are not considered to be signs for the purpose of administering
and enforcing this Ordinance, and permits shall not be required.
A. Official Flags. Except during celebration of officially recognized holidays, only one of
each of the three categories of Official flags may be displayed on a lot. Official flags
shall not exceed sixty (60) square feet in area, nor be located on flagpoles more than forty
(40) feet in height or that exceed the height limitation of the zoning district. Official
flags shall be flown in accordance with protocol established by the Congress of the
United States for the Stars and Stripes, as applicable. Any flag not meeting any one or
more of these conditions will be considered a sign and will be subject to regulation as
such.
B. Vehicles regularly and customarily used to transport persons or property for a business
when located on the same property as the business, and used for normal business
purposes other than the display of a message on a lot.
C. Government signs erected pursuant to and in the discharge of any government function.
D. Signs or plates on residential structures or premises bearing the name and/or address of
the occupant; mailboxes, paper boxes, and similar uses customarily associated with
residential structures.
E. Historical markers, monuments or signs as recognized by local, state, or federal
authorities.
F. Holiday decorations that do not convey a commercial message.
G. Any sign or display which is located completely within an enclosed building and which is
not visible from outside the building or beyond the boundaries of the lot or parcel upon
which it is located.
H. Paintings/art work that does not convey a commercial message.
I. Real estate, development, or contractor signs less than six square feet in area related to
the specific property upon which they are located. Such signs larger than 6 square feet in
area shall be regulated as temporary signs per Section 28-B-6.
J. Political signs when the sign area is 32 square feet or less, provided such signs are related
to a specific local, state, or national election and provided such signs are removed within
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ten days after such election. Political signs larger than 32 square feet shall be regulated
as temporary signs per Section 28-B-6.
K. Grave markers, headstones, memorial statues or similar non-commercial remembrances.
L. Any sign approved by the Augusta Commission and incorporated into a bus shelter or
bench.
M. Address numbers less than six inches in height.
N. Inside faces of scoreboards or walls on athletic fields.
O. A living display on the ground of flowers or other plants which conveys a message.
P. Banners when specifically approved as to size, form, location and duration by the
Augusta-Richmond County Commission.
Q. In B1, B2, LI, and HI zones, on every lot, or in the case of a shopping center or other
multiple occupancy structure, on every building or storefront, one banner not exceeding
(twenty-four) 24 square feet in area mounted flat against the building or projecting no
more than two (2) feet therefrom, which is removed daily upon the close of business.
R. For shopping centers or other multiple occupancy structures, one sandwich board type
sign per business or occupant, not to exceed twelve (12) square feet in area nor five (5)
feet in height, nor less than three (3) feet in height, may be located within (ten) 10 feet of
the building occupied by each business or occupant of such shopping center or similar
structure. Such sign must be removed daily upon the close of business.
S. On a lot which adjoins a public sidewalk where the main building is setback ten feet or
less from the right-of-way line, a sandwich board type sign (not to exceed twelve square
feet in area nor five (5) feet in height, nor be less than three (3) feet in height) placed
within the sidewalk encroachment zone as identified in Section 3-8-ll of the City Code,
shall be exempted. Such signs shall be subject to the permitting requirement set forth in
Code Section 3-8-11. Such signs must be removed from the sidewalk daily after the
close of business.
28-B-5 PROHIBITED SIGS. The following types of signs are prohibited in Augusta, Richmond
County:
A. Pavement markings or sidewalk markings except those of a customary traffic control
nature or otherwise approved by the City.
B. Signs attached to trees, lampposts, parking meter posts, hydrants, traffic signs, rocks or
other natural features, telephone or utility poles unless specifically approved as to size,
form, location, and duration by the Augusta-Richmond County Commission.
C. Signs mounted, painted, or otherwise displayed on the roofs of buildings.
D. Banners, except that banners may be used as temporary signs.
E, Any sign or outdoor advertising display that depicts any material which is obscene as
defined in The Official Code of Georgia Annotated Section 16-12-80.
F. Any sign or outdoor advertising display which displays nudity as defined in The Official
Code of Georgia Annotated Section 32-6-75 (21) (b).
G. Any private or business sign, except as authorized by Augusta, Richmond County, which
restricts or appears to reserve any portion of public right-of-way or any public area for
the exclusive use or private use of an individual, tenant, client, guest, or business.
H. Signs which in any way imitate an official traffic sign or signal, or contains words or
symbols displayed in a manner which might mislead or confuse drivers of vehicles, or
signs which any manner may unduly confuse, distract, or divert the attention of drivers of
vehicles.
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I. Signs which use flashing lights, strobe lights, blinking lights, or any type of pulsating or
moving light, except moving message boards or reader boards.
J. Any sign painted on or attached to a vehicle and used as a stationary sign, where said
vehicle is:
1. not titled or displaying a current license tag, or
2. located in a front yard per this Ordinance
K. Any sign which obstructs free ingress to or egress from a required door, window, fire
escape, or other exitway.
28-B-6 TEMPORARY SIGS. One temporary sign per street frontage may be located on a lot, parcel
or tract which is not occupied by a shopping center of similar multiple occupancy structure in a
B1, B2, LI, or HI zone. Except for those signs which are exempted under Section 28-B-4 of this
Ordinance, there shall be no temporary signs within shopping centers or similar multiple
occupancy structures in a B1, B2, LI, or HI zone. A temporary sign that is not exempted by 28-
B-4 may be located on property for a maximum of thirty (30) days per calendar quarter, either
thirty (30) consecutive days or for three (3) ten (10) day periods. A permit shall be acquired for
a temporary sign, and a decal color-coded to the calendar quarter shall be affixed to the
temporary sign before it is erected. The temporary sign shall be removed when the decal expires.
If an applicant chooses to display a sign for three consecutive ten-day periods then such must or
shall be noted on the application for a permit. Using three (3) ten-day periods will require three
inspections. The setbacks and height requirement for permanent signs shall apply to temporary
signs. Temporary signs shall not exceed forty (40) square feet in area (1 side). Temporary signs
shall not be placed or located in parking spaces and shall not be an obstruction for sight distance.
A sign larger than six (6) square feet advertising the sale of real property upon which the sign is
located shall be exempted from permitting and the thirty (30)-day maximum, but such sign shall
be the only temporary sign located on said property.
28-B-7 SIGS I AGRICULTURAL, SIGLE-FAMILY RESIDE TIAL, TWO-FAMILY
RESIDETIAL, AD MULTIPLE-FAMILY RESIDETIAL ZOES (A, R-1, R-2,
AD R-3). The following signs shall be the only signs permitted in Agricultural and
Residential zones:
A. Entrance Signs For Approved Subdivisions. One subdivision entrance sign per
entrance is allowed for residential subdivisions. Such signs shall not exceed 24
square feet in area or six (6) feet in height. Such sign must be located upon the
property identified by the sign and illuminated only by indirect incandescent
lighting. The location of such sign shall not adversely affect traffic safety and the
location shall be approved by the Traffic Engineer.
B. Entrance Signs For Apartment or Condominium Complexes With More Than Ten
Units in Two-family and Multiple-family Residential Zones. One sign per street
front. Such sign shall not exceed 24 square feet in area or six (6) feet in height.
Each such sign shall be located on the property identified by the sign and
illuminated only by indirect incandescent lighting. An illuminated sign must be
located at least 100 feet from the nearest existing single-family home. The
location of such sign shall not adversely affect traffic flow and shall be approved
by the Traffic Engineer.
C. Signs for Uses Permitted by Special Exception in Sections 15-18 and 26. When
located in Agricultural or Residential zones, signs shall be prohibited in
association with the following uses: family day care homes, family personal care
homes, group personal care homes, transitional housing and home occupations.
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When located in any other zone, these uses shall conform to the Regulations for
that zoning classification. When located in Agricultural or Residential zones, the
following uses may have one non illuminated sign per street front which shall not
exceed six square feet in area or five feet in height: lodging houses or tourist
houses, fraternity or sorority houses, congregate personal care homes, and adult
day care facilities. When located in any other zone, these uses shall conform to
the Regulations for that zoning classification. The following uses may have one
sign per street front in an Agricultural or a Residential zone; church, private
school, hospital (public or private), cemetery, nursing home, funeral home, inert
landfill, sanitary landfill, or club per Section 26-1(i). Such signs shall not exceed
24 square feet in area or six (6) feet in height. Each sign must be located upon the
property identified by the sign and this may be illuminated only by indirect
incandescent lighting. An illuminated sign must be located at least 100 feet from
the nearest existing single-family home. When located in any other zone these
uses shall conform to the Regulations for that zoning classification. All signs
provided for in this Subsection shall be set back a minimum of ten (10) feet from
a public right-of-way line or fifteen (15) feet from any curb or edge of pavement.
D. Other Signs. One sign per lot containing non-commercial messages or
commercial messages drawing attention to an activity that is legal on the
premises. Such sign shall not exceed six (6) feet in area, or five (5) feet in height,
and they must be set back at least two (2) feet from the public right-of-way. Such
signs shall not be illuminated. Permits are not required for such signs.
28-B-8 O-PREMISES FREESTADIG SIGS I PROFESSIO AL, COMMERCIAL,
AD IDUSTRIAL ZOES .
A. Number of Signs. In P-1, B-1, B-2, LI or HI zones: One on-premises
freestanding-sign per street frontage (must be oriented toward the street frontage),
plus one for each 300 feet of street frontage or plus one for each ten (10)
businesses in a shopping center or similar multiple occupancy complex. On-
premises freestanding signs on the same property and on the same street frontage
shall be at least 100 feet apart.
B. Sign Surface Area. The maximum on-premises freestanding sign surface area in
the P-1 zone is 12 square feet. Signs in the P-1 Zone shall be non-illuminated and
shall not be located within 20 feet of a single-family residential zone nor within
25 feet of the intersection of the right-of-way lines of intersecting streets. In B-1
zones, the maximum sign surface area is 100 square feet unless the sign location
would be within 100 feet of a single-family residence or single-family residential
zone in which case the maximum sign surface area shall be 50 square feet. In B-
2, LI, or HI zones, the maximum sign surface area is 200 square feet unless the
sign location would be within 100 feet of a single-family residence or single-
family residential zone, or unless the sign would be located within the Planned
Development Riverfront Zone (PDR), or unless the sign would be located in a
national register or locally designated historic district (Title 7, Chapter 4 of the
Augusta-Richmond County Code), in which case the maximum sign surface area
would be 50 square feet. In the Planned Development Riverfront Zone (PDR) or
National Register or locally designated historic districts (Title 7, Chapter 4 of the
Augusta-Richmond County Code), the maximum sign surface area shall be 35
feet in a B-1 zone.
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Freestanding signs may be either monument (completely enclosed base) or pylon
(pole) supported. There shall be no limitation on the size of a simple pole or
beam support system. For a monument sign, the supporting structure of the sign
shall not be included in calculating the area of the sign permitted by this
Ordinance; provided, however, that the supporting structure shall not exceed 50%
of the total combined area of the sign and supporting structure.
To encourage design excellence and enhance the aesthetic quality of
development, the minimum on-premises freestanding sign surface area set forth
above may be increased in all cases as provided herein. A separate bonus may be
granted for each of the criteria, but in no case may the total bonus exceed 70%.
Bonus provisions shall not apply within the Planned Development Riverfront
Zone (PDR) or in National Register or locally designated historic districts (Title
7, Chapter 4 of the Augusta-Richmond County Code).
1) 10% bonus when the sign is constructed of solid wood and the design is
compatible with the style, texture, and color scheme of the structure(s) on
the site;
2) 10% bonus when an area around the base of the sign is at least 4 times the
area of the sign surface and the area around the base of the sign is covered
by a landscaped planter;
3) 10% bonus if the sign is unlighted;
4) 50% bonus where a proposed sign would replace an existing sign that is
100% larger than the current Ordinance would permit, where the proposed
sign location would not be within 100 feet of a single family residence or
zone, and where the proposed sign would be the only freestanding sign on
the property;
5) 50% bonus if the lot qualifies for more than 1 freestanding sign but only 1
sign is erected, if the proposed sign location would not be within 100 feet
of a single family residence or zone;
6) 25% bonus if the proposed sign location is more than 100 feet from any
existing or proposed public street or highway right-of-way, the proposed
sign is the only on-premises freestanding sign on the property, and the
proposed sign location would not be within 100 feet of a single family
residence or zone.
C. Height. In P-1 zones, the maximum height, including structural elements, is six
feet. In B-1 zones, the maximum height, including structural elements, is 20 feet.
In B-2, LI, or HI zones the maximum height, including structural elements, is 30
feet. The sign's height shall be measured from the elevation of the adjoining road
grade or from the base of the sign, whichever is higher.
D. Interstate Sign Overlay Zone (ISO). Properties zoned B-2, LI, and HI and located
within 1500 feet of the centerline of I-20 or I-520 (except for that Section between
Doug Barnard Parkway and Laney Walker Boulevard) shall constitute the ISO.
Within the ISO, the maximum number of on-premises freestanding signs shall be
calculated as follows:
Lots less than 150 feet of width at the street frontage – 1 sign;
• Lots having 150 feet – 300 feet of width at the street frontage – 2 signs; and
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Lots having more than 300 feet of width at the street frontage – two signs plus one
additional sign for each additional 300 feet of street frontage (i.e. 600 feet = 3
signs).
Within the ISO, the maximum sign surface area shall be 400 square feet for one
on-premises freestanding sign on a lot and 200 square feet for any additional signs
permitted on the same lot. The maximum height in the ISO shall be 120 feet.
E. Setback. No part of any on-premises freestanding sign may be closer than ten feet
from any public right-of-way line or fifteen feet from any curb or edge of
pavement whichever is greater. No on-premises freestanding sign may be located
closer than 50 feet from a single-family residence or a R-zone boundary nor
within 10 feet of any property line. No sign shall be located so as to inhibit the
visibility of motorists entering or leaving a public road.
F. Clearance. Adequate sign clearance shall be provided to assure that vehicular
and pedestrian traffic movements are not adversely affected. Minimum clearance
of pole mounted signs shall be no less than 10 feet above pedestrian ways and not
less than 15 feet above areas utilized by motor vehicles.
G. Traffic Directional Signs. The area, height, and setback limitations at Sections
28-B-8-B to 28-B-8-E shall not apply to on-site entrance, exit, or other traffic
directional signs, provided that no such directional sign shall exceed 30 inches in
height nor more than 4 square feet in area. There shall not be more than two
traffic directional signs per driveway entering or exiting the street frontage. Such
signs shall be set back at least 10 feet from any street curb or edge of pavement
but not on any public right-of-way.
H. Message Boards and Reader Boards. Shall be permitted in B-1, B-2, LI and HI
zones. They shall count toward the maximum permitted on-premises freestanding
signage set forth in Sections 28-B-8-B and 28-B-8-D.
I. Freestanding Outdoor Drive Through Menu Boards. If not visible from a street
right-of-way, menu boards shall not count toward the total on-premises
freestanding signage permitted. If visible from a street right-of-way, then such
signs will be considered to be regulated on-premises freestanding signs.
J. Illumination. Freestanding signs in P-1 zones shall be non illuminated. In B-1,
B-2, LI and HI zones, signs on the same side of a street or across a street from a
single-family residence which is within 100 feet of the proposed sign location
shall be non illuminated. Otherwise, signs in B-1, B-2, LI and HI zones may be
illuminated. To the extent possible, illumination shall be oriented away from
residential areas.
K. Code Conformance. All signs for which a building permit is required shall be
constructed and maintained in conformance with City building and electrical
codes. Plans for all freestanding signs 30 feet or higher, or greater than 150
square feet, shall be certified as to conformance with all structural and wind-load
resistive standards of the Building Code by a structural engineer registered in the
State of Georgia, or be prepared using standard drawings prepared by a structural
engineer or other qualified professional meeting or exceeding all requirements of
the Building Code. Freestanding signage that does not require an engineer's seal
must include supporting foundation calculations. All freestanding signage
requires a foundation inspection. Neon exposed or attached to a structure requires
a final inspection. All signage must have a disconnect switch located at the
signage. All signs involving internal lights or other electrical devices or circuits
shall display a label certifying it as meeting standards of the Underwriter's
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Laboratories. All signs, together with their supports, braces, guys and anchors,
shall be kept in good repair and, unless constructed of galvanized or noncorroding
metal, shall be given a protective coating as necessary to maintain a clean
appearance and safe condition.
28-B-9 BUILDIG MOUTED SIGS I PROFESSIOAL, COMM ERCIAL, AD
IDUSTRIAL ZOES.
A. Number and area of signs permitted. In Professional zones, there may be only
one building attached sign per street frontage per building, or in the case of
attached buildings, shopping centers, or other multiple occupancy complexes, one
building attached sign per individual front facade. The area of such signs shall
not exceed 12 square feet. Building mounted signs shall not extend above the
roofline of the portion of the building where they are mounted.
In commercial or industrial zones, the number of building attached signs shall not
be limited. The maximum area in B-1 (Neighborhood Business) zones shall be
one square foot of sign surface area per linear foot of building width parallel to
the street, or in the case of attached buildings, shopping centers or other multiple
occupancy complexes, per individual front facade. In B-2 (General Business)
zones, LI (Light Industrial) zones, and HI (Heavy Industrial Zones) the maximum
area shall be 2 square feet of sign surface area per linear foot of building width.
If any premises is entitled to use freestanding signs pursuant to Section 28-B-8
but chooses not to do so and signs an agreement waiving all rights to future
freestanding signs, then the maximum permitted building mounted signs surface
area may be increased by 25 percent. This bonus provision may only be applied
to attached buildings, shopping centers, and other multiple occupancy complexes
if there is no freestanding sign on the entire property, and an agreement is
executed whereby future freestanding sign rights would be waived on the entire
property.
Building attached signage in B-2, LI, and HI zones may only be placed upon the
front of a building facing the street upon which the area calculation is based.
B. Canopy, Marquee, Mansard, and Awning Mounted Signs. Building mounted
signs may be placed flat against a building or on canopies, marquees, or mansard
portions of roofs. Regardless of where such signs are located they shall be
counted toward the maximum building mounted sign surface area that may be
placed on the facade upon which such signs are located or project from. Such
signs shall be affixed flat to the surface of a canopy, marquee, or mansard or
project no more than three inches therefrom, and they shall not extend vertically
above a canopy, marquee, or mansard. Awning signs must be painted or printed
directly on the awning and they shall also count toward the maximum building
mounted sign surface area that may be placed on the facade upon which they are
located or project from.
C. Projecting Signs. Building attached signage may not project more than two feet
from the building wall upon which it is attached except for canopy, marquee, or
awning mounted signs.
D. Window Signs. Window signs shall not be permitted in Professional zones. In B-
1, B-2, LI, and HI zones, window signs may be permitted, but they may not
occupy more than 20 percent of the area of any window. In the Planned
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Development Riverfront Zone (PDR) or National Register or locally designated
historic districts (Title 7, Chapter 4 of the Augusta-Richmond County Code), no
more than two windows in any structure may be used for signs.
E. Illumination. Building mounted signs in P-1 zones shall be non-illuminated. In
B-1, B-2, LI, and HI zones, signs on the same side of a street or across a street
from a single-family residence which is within 100 feet of the proposed sign
location shall be non illuminated. Otherwise, signs in B-1, B-2, LI, and HI zones
may be illuminated.
F. Code Conformance. All signs for which a building permit is required shall be
conducted and maintained in conformance with City building and electrical codes.
All neon applications shall require a final inspection. All signage shall have a
disconnect switch located on the signage. All signs involving illumination or
other electrical devices or circuits shall display a label certifying it as meeting
standards of the Underwriters Laboratories. All signs shall be kept in good repair.
28-B-10 OFF-PREMISES SIGS.
A. Location. Off-premises signs may be located only in B-2 (General Business), LI
(Light Industrial), or HI (Heavy Industrial) zones in accordance with other provisions
of this Section, except in areas and sites which would not be consistent with the
desired overall character of the City and the information needs of tourists, businesses,
and residents. Off-premises signs are prohibited within the following areas and sites:
• Washington Road from the Calhoun Expressway to River Ridge Road, 1000 feet
from the right-of-way line;
• Calhoun Expressway, 1000 feet from the right-of-way line;
• Gordon Highway from Bobby Jones Expressway to 1000 feet past Gate 1 at Fort
Gordon (at Dyess Parkway), 1000 feet from the right-of-way line;
• Doug Barnard Parkway from Gordon Highway to 1000 feet past Tobacco Road,
1000 feet from the right-of-way line;
• Bobby Jones Expressway from Doug Barnard Parkway to the Savannah River,
1000 feet from the right-of-way line;
• Jimmy Dyess Parkway, 1000 feet from the right-of-way line;
• Riverwatch Parkway, 1000 feet from the right-of-way line;
• Berckman Road from Rae's Creek to Washington Road, 500 feet from the right-
of-way line;
• Wheeler Road from Bransford Road to Columbia County, 1000 feet from the
right-of-way line;
• Jackson Road from Wrightsboro Road to Wheeler Road, 1000 feet from the right-
of-way line;
• Walton Way Extension from Wheeler Road to Pleasant Home Road, 1000 feet
from the right-of-way line;
• Davis Road from Pleasant Home Road to Columbia County, 1000 feet from the
right-of-way line;
• Pleasant Home Road from Washington Road to Walton Way Extension, 1000 feet
from the right-of-way line;
• Wrightsboro Road from Barton Chapel Road to Columbia County, 1000 feet from
the right-of-way line;
• Windsor Spring Road from old Louisville Road to Hephzibah City limits, 1000
feet from the right-of-way line;
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• Tobacco Road, 1000 feet from the right-of-way line;
• All national register historic districts and all locally designated historic districts
under Title 7, Chapter 4 of the Augusta-Richmond County Code.
• The Planned Development Riverfront District (Sec. 25 - A)
• St. Sebastian Way from Walton Way to Reynolds Street, 500 feet from the right-of-
way line.
• Other areas and sites which may be designated by amendment to the text of this
Ordinance.
B. Separation from single-family residential zone boundaries or uses. Off-premises
signs shall not be located within 100 feet of any single-family residential zone
boundary or the property line of a parcel occupied by a single-family residence.
C. Setback. The setback requirements for off-premises signs shall be the same as the
setback requirements for principal structures.
D. Spacing between off-premise signs. There shall be no more than one (1) off-premises
outdoor advertising sign having more than thirty-two (32) square feet of surface area
for each seven hundred and fifty (750) feet of frontage on each side of any roadway.
Any off-premises outdoor advertising sign located within five hundred (500) feet of
the right-of-way line of the subject roadway shall be considered to be on the roadway,
regardless of whether the sign faces or is oriented toward the subject roadway or
toward another roadway, and regardless of whether or not there are intersecting
streets. No off-premises outdoor advertising sign shall be located less than three
hundred (300) feet from any other off-premises outdoor advertising sign in any
direction.
The Interstate Highway System shall be defined as any property that lies within six
hundred and sixty (660) feet of the nearest edge of the right-of-way of an Interstate
Highway. Off-premise outdoor advertising signs in this area must be permitted by
the Georgia Department of Transportation. For purposes of this Ordinance, any off-
premise outdoor advertising sign located in this area shall be considered to be a part
of the Interstate Highway System regardless of whether the sign faces the Interstate
Highway or is oriented toward the Interstate Highway or toward another roadway,
and regardless of whether or not there are intersecting streets.
No off-premises outdoor advertising sign shall be located on roadways designated as
part of the Interstate Highway System within five hundred (500) feet of an
interchange, intersection grade, or safety rest area. The foregoing 500 foot zone shall
be measured along the Interstate Highway from the point at which the pavement
commences or ceases to widen at exits from or entrances to the main traveled way.
E. Height. No off-premises outdoor advertising sign shall exceed a height of sixty (60)
feet from ground level measured from the elevation of the adjoining road grade or
from the base of the sign, whichever is higher.
F. Area. The maximum area of an off-premises outdoor advertising sign face shall be
three hundred (300) square feet on two lane roadways and six hundred seventy-two
(672) square feet on highways with more than two lanes, plus temporary
embellishments not exceeding twenty percent (20%) of the permanent sign area.
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28 - B - 13
Only one (1) sign face facing traffic moving in one direction shall be permitted on an
off-premises sign.
G. Certain off-premises signs to be regulated as on-premises signs. Off-premises signs
smaller than 32 square feet shall be regulated as on-premises signs for the purpose of
this Section, and they shall be permitted only if they conform to the rules regulating
on-premises signs. Off-premises sign structures shall not be converted to on-premises
signs or vice versa without first securing the proper permits.
H. Code Conformance. All signs for which a building permit is required shall be
constructed and maintained in conformance with City building and electrical codes.
Plans for all freestanding signs 30 feet or higher, or greater than 150 square feet, shall
be certified as to conformance with all structural and wind-load resistive standards of
the Building Code by a structural engineer registered in the State of Georgia, or be
prepared using standard drawings prepared by a structural engineer or other qualified
professional meeting or exceeding all requirements of the Building Code.
Freestanding signage that does not require an engineer's seal must include supporting
foundation calculations. All freestanding signage requires a foundation inspection.
Neon exposed or attached to a structure requires a final inspection. All signage must
have a disconnect switch located at the signage. All signs involving internal lights or
other electrical devices or circuits shall display a label certifying it as meeting
standards of the Underwriter's Laboratories. All signs, together with their supports,
braces, guys and anchors, shall be kept in good repair and, unless constructed of
galvanized or noncorroding metal, shall be given a protective coating as necessary to
maintain a clean appearance and safe condition.
I. Site Plan Required. Every permit application for a proposed off-premises
outdoor advertising sign or for any repair or replacement of an existing off-
premises outdoor advertising sign shall be accompanied by a site plan
prepared by a registered surveyor. The site plan shall show the proposed
location for the subject sign, the distance of the proposed or existing off-
premises outdoor advertising sign to the nearest off-premises outdoor
advertising sign on the same side of the roadway, the distance to the nearest
off-premises outdoor advertising sign on the opposite side of the roadway, and
also the distance to any other structures on the property where the new sign is
to be located. In the event of repair or replacement, the distance to existing
structures on the property shall be shown. The site plan shall be prepared and
stamped by a registered land surveyor. The surveyor shall be required to enter
the correct map and parcel number and complete address for the property for
which the permit application is being submitted. The site plan shall be
approved by the Augusta-Richmond County Planning Commission. Once
approved, the site plan shall be in effect for two years except that an approved
plan may be rescinded at the request of the party who presented the plan for
approval. An approved plan cannot be renewed or extended beyond two
years. After a site plan has been approved, no other plans shall be considered
that would conflict with the subject plan until two years have expired, or the
approval has been properly rescinded.
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28 - B - 14
28-B-11 O-COFORMIG SIGS. Nothing contained herein shall be construed to ratify or
approve the erection and/or maintenance of any sign which was erected in violation of
any prior Ordinance, and any sign so erected shall be subject to removal as provided in
this Subsection. Signs that were in existence and were constructed in compliance with
the terms of any prior Ordinance but do not conform to the provisions of this Section are
hereby designated as legal nonconforming signs. Signs which become legal
nonconforming uses as the result of this Section may continue under the general
standards for nonconformity in Section 5. They may be maintained and repaired but they
may not be enlarged, heightened, or illuminated (if not currently illuminated). All signs
defined herein as temporary signs, attention getting devices, or banners must either be
permitted as temporary signs or removed prior to January 1, 2001. Any existing sign
which qualifies for permitting as a temporary sign must be permitted and a decal attached
no later than January 1, 2001. Non-conforming signs (permanent and temporary) not
permitted as prescribed above, shall become illegal signs and the License and Inspection
Department shall be authorized to issue citations and/or remove such non-permitted signs
per Section 28-B-13. All illegal and nonconforming signs shall be removed from a tract
or parcel before any additional signs may be permitted on the same tract or parcel.
28-B-12 ABADOED SIGS. Signs that conform to this Ordinance, or signs that are made
non-conforming as a result of this Ordinance which subsequently become abandoned
signs shall upon abandonment be covered with a weather resistant opaque material which
blocks the total sign surface area (off-premises signs are exempted). 90 Days after the
abandonment of a legal non-conforming sign the permit for such sign shall automatically
expire and all exposed parts of said sign shall be removed. The foregoing shall apply to
all signs including off-premises signs.
28-B-13 EFORCEMET AD PEALTIES. Enforcement of this Section shall be the
responsibility of the License and Inspection Department. An enterprise fund consisting
of revenue from the sale of sign permits shall be utilized to pay all of the costs of
enforcement of the Regulations included in this Section. Fees shall be sufficient to, at a
minimum, offset such costs.
The License and Inspection Department shall make routine inspection of all signs, and he
shall Also respond to issues raised by the public and other departments. Upon
ascertaining a violation of the provisions of this Chapter, the License and Inspection
Department shall cause to be served upon the offender, or to his agent, or upon the owner
or his agent, or the occupant(s) of the premises a written notice to abate which shall:
A. Describe the condition(s) constituting a violation,
B. Demand that the violation be corrected or that the offending sign be removed,
C. State that an inspection will be made no less than 10 days nor more than 30 days
after the notice is issued and at such time, if the conditions which constitute the
violation have not been abated, then a citation will be issued.
If, after the notice has been given and upon an inspection the offending sign has not been
removed, then the License and Inspection Department shall issue a citation, and if the
offending sign is a temporary sign or banner then the License and Inspection Department
shall remove such sign. If the offending sign is not a temporary sign, then the offending
sign may be removed, or the offending condition may be corrected by the City at the
expense of the offender and/or the owner and/or the occupant of the premises under
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28 - B - 15
direction of the License and Inspection Department. The City shall have a lien on the
property upon which said sign is located to secure the amount expended for the
abatement and all unpaid permit fees and delinquent charges due to such sign. Citations
shall be forwarded to Magistrate Court for placement on the earliest possible docket.
Any person who violates any provision of this Chapter or any person refusing to comply
with any notice to abate or other notices issued by the Department of License and
Inspection within the time allowed by such notice upon conviction shall be guilty of
misdemeanor. Each day is a separate violation. Each violation of this Chapter shall be
deemed a separate offense and punishable by a fine not exceeding one thousand dollars
($1,000) or by imprisonment not exceeding sixty (60) days, either or both in the
discretion of the judge having jurisdiction.
AMEDED – Section 28-B-10 (A) ovember 2010
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28-C - 1
SECTIO 28 C
ADULT ETERTAIMET
28-C-1 REFERECE TO THE CITY CODE. This section relates to the Title 6 Chapter 1 of
the Augusta-Richmond County Code entitled "Adult Entertainment." This Code Section
is included in part in the Zoning Ordinance as it relates to locations, or zoning districts
and therefore to the extent that it relates to such plans, policies and zoning procedures
must be followed.
28-C-2 DEFIITIOS. The following terms used in this Section defining adult entertainment
establishments shall have the meanings indicated below:
(a) Adult bookstore. An establishment having a substantial or significant
portion of its stock in trade, magazines or other periodicals which are
distinguished or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas or an
establishment with a segment or section comprising five (5) percent or more of its
total floor space, devoted to the sale or display of such materials or five (5)
percent or more of its net sales consisting of printed materials which are for sale
or rent, which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or specified
anatomical areas.
(b) Adult dancing establishment. A business that features dancers displaying or
exposing specified anatomical areas.
(c) Adult motion picture theater. An enclosed building with a capacity of fifty
(50) or more persons used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing, or relating to specified sexual
activities or specified anatomical areas for observation by patrons therein.
(d) Adult mini-motion picture theater. An enclosed building with a capacity of
less than fifty (50) persons used for commercially presenting material
distinguished or characterized by an emphasis on matter depicting or relating to
specified sexual activities or specified anatomical areas for observation by patrons
therein.
(e) Adult motion picture arcade. Any place to which the public is permitted or
invited wherein coins or slug operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors or other
image-producing devices are maintained to show images to five (5) or fewer
persons per machine at any one time and where the images so displayed are
distinguished or characterized by an emphasis on depicting or describing specified
sexual activities or specified anatomical areas.
(f) Adult video store. An establishment having a substantial or significant portion
of its stock in trade, video tapes or movies or other reproductions, whether for sale
or rent, which are distinguished or characterized by their emphasis on matter
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depicting, describing or relating to specified sexual activities or specified
anatomical areas or an establishment with a segment or section, comprising five
(5) percent of its total floor space, devoted to the sale of display of such material
or which derives more than five (5) percent of its net sales from videos which are
characterized or distinguished by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas.
(g) Erotic dance establishment. A nightclub, theater or other establishment
which features live performances by topless and/or bottomless dancers, go-go
dancers, strippers or similar entertainers, where such performances are
distinguished or characterized by an emphasis or specified sexual activities or
specified anatomical areas.
(h) Escort bureau; introduction services. Any business, agency or persons who,
for a fee, commission, hire, reward, or profit, furnish or offer to furnish names of
persons, or who introduce, furnish or arrange for persons who may accompany
other persons to or about social affairs, entertainments or places of amusement, or
who may consort with others about any place of public resort or within any
private quarters.
(i) Good moral character. A person is of good moral character according to this
chapter if that person has not been convicted of a felony involving serious sexual
misconduct, or a crime not a felony if it involves serious sexual misconduct, in the
past five (5) years. Conviction shall include pleas of nolo contendere or bond
forfeiture when charged with such crime.
(j) Reserved.
(k) Reserved.
(l) Minor. For the purposes of this Chapter, any person who has not attained the
age of eighteen (18) years.
(m) Permitted premises. The business location for which a permit and a Business
Tax Certificate has been issued to operate an adult entertainment establishment.
(n) Specified sexual activities. Shall include any of the following:
(1) Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral anal copulation, bestiality, direct physical stimulation of
unclothed genitals, flagellation or torture in the context of a sexual relationship, or
the use of excretory functions in the context of a sexual relationship in any of the
following sexually oriented acts or conduct: anilingus, buggery, coprophagy,
coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty; or
(2) Clearly depicted human genitals in a state of sexual stimulation,
arousal or turmescence; or
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(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus
or masturbation; or
(4) Fondling or touching of nude human genitals, pubic region, buttocks
or female breast; or
(5) Masochism, erotic or sexually oriented torture, beating of the
infliction of pain; or
(6) Erotic or lewd touching, fondling or other sexual contact with an animal by
human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation. (o)
Specified anatomical areas. Shall include any of the following:
(1) Less than completely and opaquely covered human genitals or pubic region;
buttock; or female breast below a point immediately above the top of the areola; or
(2) Human male genitalia in a discernibly turgid state, even if completely and
opaquely covered.
28-C-3 LOCATIO.
No adult entertainment establishments shall be located in any zone other than one designated as
"LI" Light Industrial or "HI" Heavy Industrial under the Comprehensive Zoning Ordinance for
Richmond County, as incorporated in the Augusta-Richmond County Code, Title 8, Chapter 5.
In addition, no adult entertainment establishment or use restricted hereunder shall be located;
(a) within 1,000 feet of:
(1) A church or place of religious worship;
(2) A public or private elementary or secondary school;
(3) A child care facility;
(4) A boundary of a residential district as defined in the Comprehensive Zoning
Ordinance.
(5) A public park;
(6) A cemetery;
(7) The property line of a lot devoted to a residential use as defined in the
Comprehensive Zoning Ordinance;
(8) Another sexually oriented business which does not have a common entrance
with an already licensed or exempted sexually oriented business; or
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(9) A governmental building or site, which shall be defined as all public
buildings, parks, and recreational areas owned, operated or occupied by Augusta.
(10) Another sexually oriented business.
(11) Within the parameters of an area designated as an Augusta gateway/corridor
in the Corridor/Gateway Action Plan (2000), as presently existing or hereafter modified,
adopted by the Augusta-Richmond County Commission and on file in the office of the
Clerk of the Commission. Gateways and Corridors are defined as follows:
a. Gordon Highway/Doug Barnard Parkway Gateway - All property located
within 1000 feet of the intersection of the centerlines of these roadways;
b. I-20/Riverwatch Parkway Gateway - All property located within 2000 feet
of the intersection of the centerlines of these roadways; and
c. Peach Orchard Road/Gordon Highway Corridor - All property located
within 1000 feet of the centerline of the following roadways: Peach
Orchard Road from Tobacco Road to Gordon Highway, and Gordon
Highway from Peach Orchard Road to Walton Way.
(b) A person commits an offense if he causes or permits the operation, establishment or
maintenance of more than one sexually oriented business in the same building, structure, or its
portion, or the increase of floor area of any sexually oriented business in any building, structure,
or its portion, containing another sexually oriented business.
(c) For the purposes of subsection (a)(1) through (9) of this section, measurement shall
be made in a straight line, without regard to intervening structures or objects, from the nearest
portion of the building or structure used as a part of the premises where a sexually oriented
business is conducted, to the nearest property line of the premises of a church or place of
religious worship, or public or private elementary or secondary school, or to the nearest
boundary of an affected public park, a cemetery, residential district or residential lot.
(d) For purposes of subsection (c) (10) of this section, the distance between any two
sexually oriented businesses shall be measured in a straight line, without regard to intervening
structures or objects, from the closest exterior wall of the structure in which each business is
located.
(e) Any sexually oriented business lawfully operating as of January 1, 1996 that is in
violation of subsections (a), (b) or (c) of this section shall be deemed a nonconforming use. Such
use will be permitted to continue for a period not to exceed one year unless sooner terminated for
any such reason or voluntarily discontinued for a period of 30 days or more. Such
nonconforming uses shall not be increased, enlarged, extended or altered except that the use may
be changed to a conforming use. If two or more sexually oriented businesses are within 1,000
feet of one another and otherwise in a permissible location, the sexually oriented business which
was first established and continually operating at a particular location is the conforming use and
the later established business is nonconforming.
(f) A sexually oriented business lawfully operating as a conforming use is not rendered a
nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented
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business license, of a church or place of religious worship, public or private elementary or
secondary school, governmental building or site, cemetery, residential district or residential lot
within 1,000 feet of the sexually oriented business. This subsection applies only to the renewal
of a valid license, and does not apply when an application for a license is submitted after a
license has expired or has been revoked.
Attachment number 14
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28-D - 1
SECTIO 28 D
COSERVATIO SUBDIVISIOS
28-1 As Permitted Uses - Conservation subdivisions shall be permitted uses by right in the
Agricultural (A) Zone and in the following single-family residential zones: R-1, R-1A,
R-1B, and R-1C if no lot is less than 60% of the minimum lot size permitted in the
Zoning Classification, subject to the requirements of this Chapter.
28-2 As Special Exceptions - Conservation subdivisions where one or more lots are 60% or
less of the minimum lot size permitted in the Zoning Classification may be approved by
Special Exception in the A, and R-1, R-1A, R-1B and R-1C Zones. Procedures for
approving conservation subdivisions as Special Exceptions shall be as established in
Section 26. Approval shall be granted on the basis of a specific plan and its consistency
with the Comprehensive Plan, planning principles, and the general development pattern
in the area.
28-3 The Planning Commission may grant variances from the requirements found at 28-4
through 28-12 if they are consistent with the Comprehensive Plan, planning principles,
and the general development pattern in the area.
28-4 Tract Size - The minimum size tract which can be developed as a conservation
subdivision shall be 20 acres.
28-5 Greenspace Requirements - A minimum of 40% of the overall acreage of the tract shall
be permanently protected as greenspace. If property that could be developed under the
present federal, state, and local statutes, rules, and regulations in the opinion of the
Planning Commission makes up more than 50% of the proposed greenspace, then the
minimum greenspace requirement is reduced to 30% of the overall acreage of the tract.
This greenspace may be dedicated to the Federal, State, or local government for
permanent protection as greenspace if a unit of government chooses to accept such
donation. It may alternatively be dedicated to a homeowners association or to another
entity (such as a land trust) for permanent protection subject to prior approval of a
greenspace management plan by the City of Augusta. A greenspace management plan
shall provide for the use, ownership, maintenance, and permanent protection of
greenspace areas, and the allocation of responsibilities for maintenance and operation of
greenspace and any facilities located thereon, including financial provisions for
stewardship, maintenance, repairs and operation, and long term capital improvements.
28-6 Use of Greenspace Areas - Greenspace may be landscaped and or left with a natural
vegetative cover in which no roadways, parking areas, or improvements other than the
following may be located:
Recreational facilities specifically permitted by the Planning Commission.
Underground utilities.
Gazebo's, wildlife observation facilities, boat docks, and similar facilities.
Landscaped stormwater detention areas.
Landscaped easement for drainage access, and sewer or water lines.
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28-D - 2
Other uses found to be compatible with the intent of this section by the Planning
Commission.
28-7 Buffers - Where a conservation subdivision is contiguous to an single-family residential
zone or single-family residential use that is not part of a conservation subdivision, a
buffer strip with a minimum width of 30 feet shall be provided. If a lot in the
conservation subdivision adjacent to the contiguous single-family residential zone or area
is 80 percent or more of the minimum lot size required in the adjacent zone or area the
buffer need not be provided adjacent to such lot. This buffer strip shall be part of the
required greenspace and provided for in the greenspace management plan, and it shall
conform to the standard for protection in Subsection 8-4-11 (e)(9) of the Augusta-
Richmond County Tree Ordinance.
28-8 Lots - The portion of a conservation subdivision that is not devoted to greenspace shall be
developed as lots and the related streets, utilities, retention facilities, etc. There shall be
no minimum lot size, but housing must be detached and the total number of lots shall not
exceed the number of lots that would be permitted by the base zoning classification in the
opinion of the Planning Commission.
28-9 Setbacks
A) Front setbacks shall be as provided for in the R-1 zone, except that variances for
lesser setbacks may be granted by the Planning Commission on an overall project
basis depending on the nature of the proposal, the surrounding development
pattern, the relationship to the Comprehensive Plan, site conditions, and general
planning principles.
B) Side Setbacks - the minimum side setback shall be five feet except that greater
setbacks may be required to conform to fire codes.
C) Rear Setbacks - the minimum rear setback is 25 feet, unless a lot is situated in
such a way that the rear lot line is adjacent to a greenspace area, in which case the
minimum rear setback is ten (10) feet.
D) The setback for community recreational facilities shall be set by the Planning
Commission on a case by case basis, but the minimum setback from any exterior
property line shall be 30 feet.
28-10 Lot Coverage - The maximum lot coverage, including main buildings and other
incidental structures shall be 50% per lot.
28-11 Building Height - shall be as provided for in Subsection 8-6 of this Ordinance.
28-12 Home Occupations - may be permitted pursuant to the provisions of Section 8-3 of this
Ordinance.
28-13 Accessory Buildings - shall be permitted pursuant to the provisions to Section 8-4 of this
Ordinance.
28-14 TV Satellite Dishes - shall be permitted as accessory uses subject to the provisions of
Section 8-5.1 of this Ordinance.
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29 - 1
SECTIO 29
EXCEPTIOS AD MODIFICATIOS
29-1 Public utilities and public services: The provisions of this Ordinance shall not be construed so
as to limit or interfere with the construction, installation, operation and maintenance for public
utility purposes, of water and gas pipes, mains and conduits, electric light and electric power
transmission and distribution lines, telephone and telegraph lines, oil pipe lines or sewer mains,
nor with incidental appurtenances such as relay boxes, etc.
29-2 Height:
(a) DELETED.
(b) Through lots one hundred fifty (150) feet or less in depth: The height of a building may
be measured on such lots from the adjoining curb level on either street.
(c) Through lots more than one hundred fifty (150) feet in depth: The height regulations and
the basis of height measurements on such lots for the street permitting the greater height
shall apply to a depth of not more than one hundred fifty (150) feet from the street.
(d) Structures permitted above height limit: Penthouse or roof structures for the housing of
elevators, stairways, tanks, ventilating fans or similar equipment required to operate and
maintain the building, fire or parapet walls, skylights, towers, steeples, roof signs,
flagpoles, chimneys, smokestacks, wireless masts, water tanks, silos, gas containers, or
similar structures may be erected above the height limits herein prescribed subject to
other provisions of this Ordinance, but no penthouse nor roof structure or any space
above the height limit shall be allowed for the purpose of providing additional enclosed
space for residential, commercial, or industrial use.
29-3 Setbacks:
(a) Yard regulations modified: Where the yard regulations cannot reasonably be complied
with, or their application determined, on lots of peculiar shape, location, or topography,
such regulations may be modified as determined by the Augusta-Richmond County
Board of Zoning Appeals.
(b) DELETED.
(c) When a lot adjoins only one lot having a main building (within twenty-five (25) feet of its
side lot line) which projects beyond the established front setback line and has been so
maintained since March 25, 1963, the front setback requirement on such lot may be the
average of the front yard of the existing building and the required front setback, provided,
however, the front yard of such lot shall not be less than ten (10) feet.
(d) DELETED.
(e) For the purpose of side yard regulations, semidetached and row dwellings with common
walls will be considered as one building occupying one lot.
(f) Front and side yards waived: The front and side yards may be waived for dwellings,
hotels, and lodging or apartment houses erected above the ground floor of a building
when said ground floor is designed and used exclusively for commercial purposes.
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29-4 Projections into yards:
(a) Porte-cocheres, carports: Such structures may be permitted over a driveway in a side
yard, provided such structure is not more than one story in height and thirty (30) feet in
length (including storage space), and is entirely open on at least two (2) sides except for
the necessary supporting columns, provided, however, said structure does not extend
within five (5) feet of the side lot line.
(b) Eave or canopy: An eave, canopy, or other similar architectural feature may extend into
any required yard not more than three (3) feet.
(c) Open stairway and balcony: An open, unenclosed stairway or balcony, not covered by a
roof or a canopy, may extend into a required front yard not more than three (3) feet.
(d) Open porch: An open unenclosed porch, platform, or deck not covered by a roof or
canopy, which does not extend above the level of the first floor of the building, may
extend or project into any required yard not more than four (4) feet.
29-5 Minimum lot reduction for underground utilities:
The minimum required lot area within an R-1 zoned subdivision may be reduced two percent
(2%) when the subdivision is developed with all utilities underground. When such reduction
occurs, a utility easement of one and one-half (1-1/2) feet shall be provided along the front
property line.
Amended June 2006, Section 29-4(b)
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SECTIO 30
BUILDIG PERMITS AD SITE PLAS
30-1 Building Permit: Before a permit is issued for the erection, moving, alteration, enlargement, or
occupancy of any building or structure or use of premises, the plans and intended use shall
indicate conformity in all aspects to the provisions of this Ordinance.
30-2 Site Plan: A building permit under the provisions of the building code of Augusta, Georgia for
the purpose of constructing or expanding a structure that is not a single-family house or related
thereto shall only be issued upon the presentation of a site plan that has been approved by the
staff of the Augusta-Richmond County Planning Commission. Such site plan shall be drawn to
scale, showing accurately the dimensions and location of the following: property lines,
easements, utilities, structures, signs, off-street parking, driveways, retention facilities and any
other information that may be necessary to the administration and/or enforcement of this
Ordinance. Such site plan shall be submitted by the Staff to all departments of Augusta and
other entities that are deemed appropriate and they shall review and approve said site plan before
it is approved by the Staff of the Planning Commission.
30-3 Interpretation of Ordinance: In interpreting and applying the provisions of this Ordinance, they
shall be held to the minimum requirements for the promotion of health, safety, welfare, morals,
and convenience of the general public. The lot or yard areas required by this Ordinance for a
particular building shall not be diminished and shall not be included as part of the required lot or
yard areas of any other building.
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SECTIO 31
CERTIFICATE OF OCCUPACY
31-1 A Certificate of Occupancy shall be required for any of the following:
(a) Occupancy and use of a building hereafter erected or enlarged.
(b) Change in use of an existing building to a different use.
(c) Occupancy and use of vacant land except for the raising of crops.
(d) Any change in nonconforming use.
(e) After submitting plans and specifications to the Building Inspector and upon issuance of
a building permit, the builders will have complied with this Ordinance for all purposes,
provided said building is constructed in accordance with said plans and specifications.
(f) No such occupancy, use or change of use shall take place until a Certificate of Occupancy
has been issued by the Building Inspection Department.
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SECTIO 32
EFORCEMET AD PEALTIES
32-1 It shall be the duty of the Chief Building Official to enforce the provisions of this Ordinance in
the manner and form and with the powers provided in the laws of the State and Ordinances of the
Augusta Commission.
32-2 All commissions, boards, departments, officials, and employees of Augusta which are vested with
the duty or authority to issue permits or licenses shall conform to the provisions of this Ordinance
and shall issue no permit or license for any use, building, or purpose if the same would be in
conflict with the provisions of this Ordinance. Any permit or license issued in conflict with the
provisions of this Ordinance shall be null and void.
32-3 The erection, construction, alteration, addition, conversion, moving or maintenance of any
building or structure and the use of any land or building which is continued, operated, or
maintained, contrary to any provisions of this Ordinance is hereby declared to be a violation of
this Ordinance and unlawful. The Attorney of the Augusta Commission shall immediately, upon
any such violation having been called to his attention, institute injunction, abatement, or any other
appropriate action to prevent, enjoin, abate, or remove violation. Such action may also be
instituted by any property owner who may be damaged by any violation of this Ordinance. The
remedy provided for herein shall be cumulative and not exclusive, and shall be in addition to any
other remedies provided by law.
32-4 Any person or corporation whether as principal, agent, employee, or otherwise who violates any
provision of this Ordinance shall be guilty of an offense and upon conviction shall be punished by
a fine in an amount not to exceed five hundred dollars ($500) and/or imprisonment for a period
not to exceed sixty (60) days. Cases shall be tried in Magistrate's Court.
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SECTIO 33
BOARD OF ZOIG APPEALS
33-1 Authorization: Established by virtue of the Home Rule Provision of the Constitution of the
State of Georgia of 1983 and codified by an Ordinance of the Augusta Commission dated March
18, 1997. The Board of Zoning Appeals for the Augusta Commission shall be hereinafter
referred to as the "Appeals Board".
33-2 Membership: The Appeals Board shall consist of ten (10) members each of whom shall reside
in one of the ten districts of Augusta.
33-3 General Provisions: The Board of Zoning Appeals shall elect one (1) of its members as
Chairman, who shall serve a one (1) year term or until a successor is elected. The Chairman may
succeed himself.
(a) The Chairman shall have the power to vote on matters before the Appeals Board only when his
vote will change the result.
(b) The Appeals Board shall appoint a secretary who may be an official or employee of either
Augusta Commission or of the Planning Commission.
(c) Meetings of the Appeals Board shall be held at the call of the Chairman and at such other times
as the Appeals Board may determine.
(d) The Chairman, or in his absence the acting chairman, may administer oaths and compel the
attendance of witnesses by subpoena.
(e) The Appeals Board shall keep minutes of its proceedings, showing the vote of each member
upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of
its examinations filed in the office of the secretary of the Appeals Board and shall be a public
record.
(f) The Board shall adopt rules in accordance with the provisions of this section of this Ordinance.
33-4 Procedure: Appeals to the Board of Zoning Appeals may be taken by any person aggrieved, or
by any official, department head, board, or bureau of the Augusta Commission, affected by any
decision of an administrative officer. Such appeal shall be taken within a reasonable time, as
provided by the rules of the Appeals Board, by filing with the Secretary of the Appeals Board a
notice of appeal specifying the grounds thereof.
(a) Action of Augusta Commission:
(1) Upon notice by the Secretary of a filing of appeal, the official from whom the
appeal is taken shall forthwith transmit to the Appeals Board all papers
constituting a record upon which the action appealed was taken.
(2) An appeal stays all legal proceedings in furtherance of action appealed from,
unless the official from whom the appeal is taken certifies to the Appeals Board,
after notice of appeal shall have been filed with him, that by reason of facts stated
in the certificate, a stay would, in his opinion, cause imminent peril to life and
property. In such a case, proceedings shall not be stayed other than by a
restraining order which may be granted by the Appeals Board or by a court of
record on application, on notice to the officer from whom the appeal is taken, and
on due cause shown.
(b) Action of Appeals Board: Upon receipt of notice of appeal in a form prescribed by the
Appeals Board, the Board of Zoning Appeals shall:
(1) Fix a reasonable time for the hearing of the appeal or other matter referred to it.
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(2) Publish once in a newspaper of general circulation in Augusta a "Notice of Public
Hearing" on the appeal. Such notice shall be published at least fifteen (15) days
prior to the date of the hearing and shall indicate the time and place of the hearing
and the nature of the appeal to be considered by the Appeals Board.
(3) Send postal cards or letters to the property owners of record whose property lies
within a 300-foot radius of the property subject to the appeal, giving notice of the
time, place, and nature of the appeal.
(4) Upon the Hearing, any party may appear in person, by agent, or attorney.
33-5 Powers of Appeals Board:
(a) To hear and decide appeals where it is alleged that there is error in any order,
requirement, decision, or determination made by an administrative official in the
enforcement of the Zoning Ordinance adopted by the Augusta Commission pursuant to
this Ordinance.
(b) To hear and decide requests to place manufactured homes as second living units on
properties for no longer than one (1) year, on the basis of hardship.
(c) To authorize upon appeal in specific cases such variance from the terms of the Zoning
Ordinance as will not be contrary to the public interest, where owing to special
conditions, literal enforcement of the provisions of the Zoning Ordinance will, in an
individual case, result in an unnecessary hardship, so that the spirit of the Zoning
Ordinance shall be preserved, public safety and welfare secured, and substantial justice
done. Such variance may be granted in such individual cases of unnecessary hardship
upon finding by the Appeals Board that:
(1) There are extraordinary and exceptional conditions pertaining to the particular
piece of property in question because of its size, shape, or topography; and
(2) The application of the Zoning Ordinance to this particular piece of property would
create an unnecessary hardship; and
(3) Such conditions are peculiar to the particular piece of property involved; and
(4) Relief, if granted, would not cause substantial detriment to the public good or
impair the purpose and intent of the Zoning Ordinance; provided, however, that
no variance may be granted for a use of land or building or structure which is
prohibited by the Zoning Ordinance.
(d) To authorize the operation of certain businesses as home occupations pursuant to
regulations promulgated by the Augusta Commission.
(e) In exercising the above powers, the Appeals Board may, in conformity with the
provisions of this section, reverse or affirm wholly or partly, or may modify the order,
requirement, decision, or determination; and to that end, shall have all of the powers of
the officer from whom the appeal is taken and may issue or direct issuance of a permit.
When a variance is granted that would require the issuance of a building permit, an
individual granted a variance by the Appeals Board has a period of one year from the date
of approval to obtain a building permit. Anyone that fails to obtain a building permit
within the one year period forfeits the variance right previously granted.
(f) An appeal that is denied by the Appeals Board cannot be reheard for a period of one year
unless the Appeals Board unanimously grants this privilege.
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33-6 Appeal from decision of Appeals Board: Any person or person severally or jointly aggrieved
by any decision of the Appeals Board or with any official charged with the enforcement of any
order, requirement, or decision of said Board may appeal said decision to the Superior Court of
Richmond County, Georgia. The procedure for said appeal shall be the same as an appeal to the
Superior Court from any decision made by the Probate Court as provided by the laws of Georgia,
except that said appeal shall be filed within thirty (30) days from the date of the decision of the
Appeals Board or any official charged with the enforcement of any order, requirement, or
decision in connection therewith; and upon failure to file said appeal within thirty (30) days, the
decision of the Appeals Board shall be final.
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SECTIO 34
ZOIG MAPS
34-1 COTET. The official zoning maps of Augusta shall be a layer of the Geographic Information
System which shall contain the boundaries of the various zoning districts of the City. The
Official Zoning Maps as defined herein are hereby duly incorporated as an indispensable part of
the Comprehensive Zoning Ordinance.
34-2 RELATIOSHIP TO PREVIOUS MAPPIG. The zoning classifications established by the
adoption of the Comprehensive Zoning Ordinance on March 25, 1963, reconfirmed on November
15, 1983, and thereafter duly amended prior to the effective date of this amendment will be the
zoning classification represented on the Official Maps as identified by this Amendment at its
adoption. The zoning classification of properties in Augusta and the regulation of the uses of
those properties shall not in any way be changed by this amendment.
34-3 LOCATIO AD METHOD OF DISPLAY. The official zoning maps shall be available for
inspection by the public at the office of the Augusta-Richmond County Planning Commission and
at other locations at the discretion of the Planning Commission and they may be displayed either
electronically or in a paper format.
34-4 PUBLIC ISPECTIO PRIOR TO ADOPTIO. The Official Zoning Maps were available
for inspection by the public prior to adoption during the period of notice prescribed in O.C.G.A.
36-66, during the public hearing required by O.C.G.A. 36-66, and during the meetings of the
Augusta-Richmond County Commission at which time their incorporation into the Zoning
Ordinance was considered.
34-5 RESPOSIBILITY. The safekeeping and maintenance of the Official zoning Maps shall be the
responsibility of the Executive Director of the Augusta-Richmond County Planning Commission.
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SECTIO 35
AMEDMETS TO THIS ORDIACE
35-1 Review of Proposed Amendments: This Ordinance, including the map or maps, may be
amended from time to time, but no amendment shall become effective unless it shall have
been proposed by, or first submitted to the Planning Commission for review and
recommendation.
35-2 Procedures for Public Hearing:
(a) The Planning Commission shall conduct, on behalf of the Augusta- Commission,
all public hearings on proposed amendments to this Ordinance and maps.
(b) At least 15 but not more than 45 days prior to the date of the hearing, the Planning
Commission shall cause to be published within a newspaper of general circulation
within the territorial boundaries of the local government a notice of the hearing.
The notice shall state the time, place, and purpose of the hearing. If a zoning
decision of a local government is for the rezoning of property and the rezoning is
initiated by a party other than the local government then:
(1) The notice shall include the location of the property, the present zoning
classification of the property, and the proposed zoned classification of the
property; and
(2) A sign indicating the present zoning classification and the proposed
zoning classification shall be placed in a conspicuous location on the
property not less than 15 days prior to the date of the hearing.
(c) The Recommendations of the Planning Commission shall be submitted to the
governing body having jurisdiction within thirty (30) days. If the Planning
Commission fails to submit a report within the thirty-day period, it shall have
deemed to approve the proposed amendment.
35-3 Application for Amendment: Each application to amend this Ordinance, including the
map or maps, shall be filed with the Planning Commission and shall be in compliance
with the following:
(a) A conference with the Staff of the Planning Commission shall be held prior to
submission of the application.
(b) A statement from the owner of the property submitting the petition, or a statement
from the owner of the property designating his representative in the petition, shall
be furnished with the petition on a form supplied by the Planning Commission.
(c) A properly prepared plat of the property showing distances and bearings of the
boundaries and a tie to a known point shall be included with the petition. This
can be waived by the Staff when the proposed rezoning involves complete
parcel(s) under the Tax Assessors PIN scheme.
(d) A letter from the owner or his authorized representative requesting the
amendment, including a statement regarding the proposed use, address and
telephone number for correspondence, and any other information required
elsewhere in this Ordinance, shall be included with the petition.
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(e) A fee which has been calculated by the Planning Commission as representative of
the cost of processing an advertisement of the proposed amendment shall be paid
at the time of application.
35-4 Staff Evaluation: The Staff, upon receipt of an application for an amendment to this
Ordinance shall:
(a) Consult with other departments of the Augusta-Richmond County to fully
evaluate the impact of any zoning change upon public facilities and services
including, but not limited to, drainage, traffic and related facilities:
(b) Conduct a site review of the property and the surrounding area.
(c) Study each application with reference to the balancing test established in Guhl v
Holcomb Bridge Road Corporation and its compliance with the Comprehensive
Plan.
(d) Report its findings and recommendation to the Planning Commission, which
report shall be a matter of public record.
(e) The Planning Commission Staff’s report may recommend the applicant’s request
be reduced in land area and /or recommend conditions of rezoning which may be
deemed advisable so that the purpose of this Ordinance will be served.
35-5 Planning Commission Action: The Planning Commission shall review and make a
recommendation of approval, denial, deferral, withdrawal without prejudice, or no
recommendation on each application for which a public hearing is held in accordance
with an Ordinance of the City Council of Augusta, Georgia and the Board of
Commissioners of Richmond County, enacted April 1, 1983 and codified after
consolidation of the governments as Article 8, Chapter 5 of the Augusta Code. The staff
recommendations on applications shall be submitted to the Planning Commission prior to
the public hearing. A report of the Planning Commission’s decision shall be submitted to
the Augusta Commission. The action of the Planning Commission may recommend a
reduction of the land area for which the request is made and/or recommend conditions of
rezoning which may be deemed advisable so that the purpose of this Ordinance will be
served.
35-6 Governing Body Action: The Augusta Commission shall, at a regular meeting, approve,
deny or defer action on such application. The action of the Augusta Commission may
recommend a reduction of the land area for which the application is made and/or
recommend conditions of rezoning which may be deemed advisable so that the purpose
of this Ordinance will be served. When such conditions are added to approval of an
application, the Augusta Commission shall require that a Zoning Restriction Agreement
be recorded with the Clerk of the Superior Court of Augusta-Richmond County, Georgia.
The cost of recording such agreement shall be borne by the applicant.
35-7 Reversionary Clause: The Planning Commission may submit information to the Augusta
Commission having jurisdiction relative to property which has been rezoned for a period
of eighteen (18) months from the date of approval, and for which no site plan or
subdivision development plan approval or building permit has been obtained. The
Augusta Commission may then review such information and, if considered appropriate,
initiate reversionary zoning procedures. Such reversionary actions shall proceed in
accordance with the amendment provisions of this Ordinance.
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35-8 If the zoning decision of a local government is for the rezoning of property and the
amendment to the Zoning Ordinance to accomplish the rezoning is defeated by the local
government, then the same property may not again be considered for rezoning until the
expiration of at least six (6) months immediately following the defeat of the rezoning by
the local government. A zoning application for the rezoning of the same property to the
same classification as the defeated amendment, may not again be considered until the
expiration of at least one (1) year immediately following the defeat of the original
application by the local government.
35-9 Land Adjacent to Fort Gordon Military Installation: Zoning proposals (including
changes of zoning and special exceptions) involving land locating with 3,000 feet of the
Fort Gordon Military Installation boundary shall be evaluated Pursuant to O.C.G.A. 36-
66.6. The Planning Commission, in conducting this evaluation shall request from the
Fort Gordon Commander a written recommendation and supporting facts, and if
provided, such information shall be considered and made part of the public record. The
Planning Commission shall investigate and make a recommendation regarding the
following:
(a) Whether the zoning proposal will permit a use that is suitable in view of the use of
adjacent or nearby property within 3,000 feet of a military base, military installation,
or military airport;
(b) Whether the zoning proposal will adversely affect the existing use or usability of
nearby property within 3,000 feet of a military base, military installation, or military
airport;
(c) Whether the property to be affected by the zoning proposal has a reasonable
economic use as currently zoned;
(d) Whether the zoning proposal will result in a use which will or could cause a safety
concern with respect to excessive or burdensome use of existing street, transportation
facilities, utilities, or schools due to the use of nearby property as a military base,
military installation, or military airport;
(e) Whether the zoning proposal is in conformity with the policy and intent of the land
use plan; and
(f) Whether there are other existing or changing conditions affecting the use of the
nearby property as a military base, military installation, or military airport which give
supporting grounds for either approval or disapproval of the zoning proposal.
35-10 Halfway Houses and Drug Rehabilitation Centers: When a proposed zoning decision
relates to or will allow the location or relocation of a halfway house, drug rehabilitation
center, or other facility for treatment of drug dependency, a public hearing shall be held
on the proposed action. Such public hearing shall be held at least six (6) months and not
more than nine (9) months prior to the date of final action on the zoning decision. The
hearing required by this subsection shall be in addition to any hearing required under
subsection (a) of this Code section. The local government shall give notice of such
hearing by:
(a) Posting notice on the affected premises in the manner prescribed by subsection (b)
of this Code section; and
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(b) Publishing in a newspaper of general circulation within the territorial boundaries of
the local government a notice of the hearing at least 15 days and not more than 45
days prior to the date of the hearing.
Both the posted notice and the published notice shall include a prominent statement that
the proposed zoning decision relates to or will allow the location or relocation of a
halfway house, drug rehabilitation center, or other facility for the treatment of drug
dependency. The published notice shall be at least six (6) column inches in size and shall
not be located in the classified advertising section of the newspaper.
35-11 Land adjacent to the Cities of Hephzibah and Blythe: When a rezoning or special
exception is initiated by a property owner or by Augusta-Richmond County affecting
property located within 1,000 feet of either Hephzibah or Blythe, notice must be given to
those local municipalities. Such notice shall be in the form of a certified letter sent
within five (5) business days of the acceptance of an application to the appropriate
municipality. The notice shall contain all relevant data and request a determination as to
whether the proposed action would constitute an incompatible land use. If within ten
(10) business days after receipt of this notice the appropriate municipality notifies
Augusta-Richmond County by certified mail that the proposal could constitute an
incompatible land use then Augusta-Richmond County and the municipality must begin a
negotiation process described in an agreement between Augusta-Richmond County,
Hephzibah, and Blythe dated June 30, 1998 known as the “Agreement to Resolve Land
Use Classification Disputes”.
35-12 Land adjacent to the Augusta Canal: The Augusta Canal is a Regionally Important
Resource (RIR) as identified by the Georgia Department of Community Affairs pursuant
to the Georgia Planning Act of 1989. As such any request for a rezoning or special
exception affecting property located within the Augusta Canal National Heritage Area is
subject to a review process initiated through the Central Savannah River Area. (RDC).
Section amended in its entirety – 5-1-2007
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SECTIO 36
EFFECTIVE DATE
36-1 This Ordinance shall take effect on September 16, 1997.
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SECTIO 37
SEVERACE CLAUSE
37-1 If any section, clause, provision, or portion of this Ordinance shall be ruled invalid or
unconstitutional by any Court or competent jurisdiction, such decision shall not affect any other
section, clause, provision, or portion of this Ordinance.
Attachment number 14
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All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.
Done in Open meeting of the Augusta-Richmond County Commission under the Common Seal
thereof this 16th day of September, 1997.
Approved this 16th day of September , 1997.
_____________________________
Mayor
Augusta-Richmond County
ATTEST:
________
(Witness)
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GROUDWATER RECHARGE PROTECTIO
ORDIACE
FOR
AUGUSTA, GEORGIA
Development Document #12
Augusta, Georgia
Updated July 2011
Attachment number 15
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2
ORDINANCE NO. ______
AN ORDINANCE TO AMEND TITLE 8 OF THE AUGUSTA-
RICHMOND COUNTY CODE SO AS TO ADD A NEW CHAPTER 6
ENTITLED “GROUNDWATER RECHARGE AREA PROTECTION”;
TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING
ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA COMMISSION AND IT IS
HEREBY ORDAINED BY THE AUTHORITY OF SAME AS
FOLLOWS:
Section 1. The Augusta, Georgia Code, Title 8, is hereby amended by
adding a new Chapter 6 as follows:
CHAPTER 6
GROUDWATER RECHARGE PROTECTIO
§ 8-6-1. AUTHORITY.
The Official Code of Georgia Annotated § 12-2-8 requires that certain
minimum standards shall be adopted by local governments to protect groundwater
recharge areas. This Ordinance conforms to these minimum standards and also the
minimum standards of Chapter 391-3-316, Rules for Environmental Planning Criteria,
Georgia Department of Natural Resources Environmental Planning Division.
§ 8-6-2 SHORT TITLE
This Ordinance shall be known as the Groundwater Recharge Area
Protection Ordinance of Augusta, Georgia.
§ 8-6-3 PURPOSE
In order to provide for the health, safety and welfare of the public and a
healthy economic climate within Augusta, Georgia and surrounding communities, it is
essential that the quality of public drinking water be ensured. For this reason, it is
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necessary to protect the subsurface water resources that Augusta, Georgia and
surrounding communities rely on as sources of public water. Groundwater resources are
contained within aquafiers, which are permeable, rock strata occupying vast regions of
subsurface. These aquafiers are replenished by infiltration of surface water runoff in
zones of the surface known as groundwater recharge areas. Groundwater is susceptible to
contamination when unrestricted development occurs within significant groundwater
recharge areas. It is, therefore, necessary to manage land use within groundwater
recharge areas in order to ensure that pollution threats are minimized.
§ 8-6-4 OBJECTIVES
The objectives of this ordinance are:
(a) Protect groundwater quality by restricting land uses that generate, use
or store dangerous pollutants in recharge areas;
(b) Protect groundwater quality by limiting density of development; and
(c) Protect groundwater quality by ensuring that any development that
occurs within the recharge area shall have no adverse effect on groundwater quality.;
§ 8-6-5 ESTABLISHMET OF A GROUDWATER RECHARGE AR EA
DISTRICT.
A Groundwater Recharge Area District is hereby established which shall
correspond to all lands within the jurisdiction of Augusta, Georgia except for those lands
which lie to the east of the Center of Georgia Railroad as shown on the map of Most
Significant Groundwater Recharge Areas of Georgia.
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§ 8-6-6 DETERMIATIO OF POLLUTIO SUSCEPTIBILITY.
Each recharge area shall be determined to have a pollution susceptibility
of high, medium, or low, based on the Georgia Pollution Susceptibility Map prepared by
the Georgia Department of Natural Resources.
§ 8-6-7 PERMIT REQUIREMETS, ADMIISTRATIO, AD
EFORCEMET.
Within the Groundwater Recharge Area District, no building permit, site
plan or subdivision plan will be approved by Augusta, Georgia unless the permit or plan
is in compliance with the groundwater protection standards listed in § 8-6-11,
§ 8-6-8 PERMIT REQUIREMET
A building permit or a development permit within the Groundwater
Recharge Area District shall not be issued until a site plan or subdivision plat, whichever
is appropriate, has been reviewed and approved which illustrates compliance with the
Groundwater Recharge Area Protection Ordinance. The requirements for site plans are to
be found in the Site Plan Regulations for Augusta, Georgia, and the requirements for
subdivision plats are to be found in the Subdivision Regulations for Augusta, Georgia.
Those construction of development projects which are exempted under the Site Plan
Regulations are likewise exempted form the requirements of this Ordinance.
§ 8-6-9 ADMIISTRATIO
The Executive Director of the Augusta Planning and Development
Department Commission is hereby designated as the administrator for this ordinance.
§ 8-6-10 EFORCEMET
(a) Augusta, Georgia, its agents, officers and employees shall have
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authority to enter upon privately owned land for the purpose of performing their duties
under this ordinance and may take or cause to be made such examinations, surveys or
sampling as Augusta, Georgia deems necessary. The Director of Public Works shall have
authority to enforce this ordinance and address violations or threatened violations hereof
by issuance of violation notices administrative orders and civil and criminal actions. All
costs, fees and expenses in connection with such actions may be recovered as damages
against the violator.
(b) Law enforcement officials or other officials having police powers
shall have authority to assist the Director of Public Works in enforcement.
(c) Any person who commits, takes part in or assists in any violation of
any provision of this Ordinance shall be fined not more than $500 for each offense. Each
violation shall be a separate offense and, in the case of continuing violation, each day’s
continuance shall be deemed to be a separate and distinct offense.
(d) The Director of Public Works shall have the authority to issue cease
and desist orders in the event of any violation of this Ordinance. Cease and desist orders
may be appealed to a court of competent jurisdiction, as identified in § 8-6-12.
(e) When a building or other structure has been constructed in violation of
this Ordinance, the violator shall be required to remove the structure.
(f) When removal of vegetative cover, excavation or fill has taken place
in violation of this Ordinance, the violator shall be required to restore the affected land to
its original contours and to restore vegetation, as far as practicable.
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§ 8-6-11 GROUDWATER PROTECTIO STADARDS
Within the Groundwater Recharge Area District, the following minimum
standards shall apply:
(a) Waste Disposal Facilities. All new waste disposal facilities must
have synthetic liners and leachate collection systems.
(b) Agricultural Impoundments. New agricultural impoundments shall
meet the following requirements:
(i) For areas of high susceptibility, a liner shall be provided
that is approved by the U. S. Soil Conservation Service (SCS).
(ii) For areas of medium susceptibility, an SCS-approved liner
shall be provided if the site exceeds 15 acre feet.
(c) Land Disposal. No land disposal of hazardous waste shall be
permitted within any Significant Groundwater Recharge Area.
(d) Spill and Leak Protection. For all Significant Groundwater Recharge
Areas, the handling, storage and disposal of hazardous materials shall take place on an
impermeable surface having spill and leak protection approved by the Georgia
Department of Natural Resources, Environmental Protection Division (EPD).
(e) Secondary Containment. For all Significant Groundwater Recharge
Areas, new above-ground chemical or petroleum storage tanks larger than 660 gallons
must have secondary containment for 110 percent of tank volume or 110 percent of the
largest tanks in a cluster of tanks.
(f) Wastewater Basins. For High Pollution Susceptibility Areas, new
waster-water treatment basins shall be an impermeable liner approved by EPD.
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(g) Stormwater Basins. For High Pollution Susceptibility Areas, no new
stormwater infiltration basins may be constructed.
(h) Wastewater Spray and Sludge Operation. For High Pollution
Susceptibility Areas, wastewater spray irrigation systems or the land spreading of
wastewater sludge shall be practiced in accordance with Department of Natural
Resources criteria for slow rate land treatment. An application for a development permit
for activities involving wastewater spray irrigation or land spreading of wastewater
sludge must be accompanied by proof that the applicant has received a Land Application
System permit from EPD.
(i) Minimum Lot Sizes and Septic Systems. New homes served by septic
tank/drain systems shall conform to minimum lot size requirements identified in Tables
1-3 below. (Note: No construction may proceed on a building permit or mobile home to
be served by a septic tank without approval of the proposed septic system by the
Richmond County Health Department). The following shall be exempted from all
provisions of this Ordinance related to lot size:
(a) Lots which are included on an “Overall Concept Plan” per
Section 104.3 of the Subdivision Regulations, or a “Sketch Plan” per Section 200.1 of the
Subdivision Regulations and submitted prior to 5:00 p.m. on the date of adoption of this
Ordinance; and
(b) Lots which are included on a “Development Plan” per Article
III of the Subdivision Regulations and submitted prior to 5:00 p.m. on December 31,
1998; and
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(c) “Lots of record” (as defined herein) prior to 5:00 p.m. on
December 31, 1998.
TABLE 1: Minimum Lot Size Requirements. Source: DHR Manual for On-Site
Sewerage Management Systems.
Pollution Susceptibility New Homes Served by
Septic Systems
New Mobile Homes
Served by Septic Systems
High 150% of minimum lot sizes
specified in Table 2
150% of minimum lot sizes
specified in Table 3
Medium 125% of minimum lot sizes
specified in Table 2
125% of minimum lot sizes
specified in Table 3
Low 110% of minimum lot sizes
specified in Table 2
110% of minimum lot sizes
specified in Table 3
TABLE 2. Single Family Home Minimum Lot Size where served by On-Site Septic
Tank Systems. Source: DHR Manual for On-Site Sewerage Management Systems.
SOIL GROUP (SEE APPENDIX)
SLOPE OF
LOT (%)
1 2 3 4 5
MINIMUM LOT SIZE SQUARE FEET
0-5 30000 390000 48000 51000 60000
5-15 33000 42000 51000 54000 66000
15-25 36000 45000 54000 57000 N/A
25-35 39000 48000 57000 60000 N/A
TABLE 3. Mobile Home Parks Lot Size where served by On-Site Septic Tank
Systems.
Source: DHR Manual for On-Site Sewerage Management Systems.
SOIL GROUP (SEE APENDIX)
SLOPE OF
LOT (%)
1 2 3 4 5
MINIMUM LOT SIZE SQUARE FEET
0-5 10000 13000 16000 17000 20000
5-15 11000 14000 17000 18000 22000
15-25 15000 18000 18000 19000 N/A
25-35 13000 16000 19000 20000 N/A
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§ 8-6-12 JUDICIAL REVIEW.
(a) Jurisdiction. All final decision of Augusta, Georgia concerning detail,
approval or conditional approval of a permit shall be reviewable by appeal to the Superior
Court of Richmond County. The procedure for said appeal shall be the same as an appeal
to the Superior Court from any decision made by the Probate Court as provided by the
laws of Georgia, except that said appeal shall be filed within thirty (30) days from the
date of the decision of denial, approval or conditional approval; and upon failure to file
said appeal within thirty (30) days, the decision of denial, approval or conditional
approval shall be final.
(b) Alternative Actions. Based on these proceedings and the decision of
the court, Augusta, may within a time specified by the court, elect to:
(i) Institute negotiated purchase or condemnation proceedings to
acquire an easement or fee interest in the applicant’s land;
(ii)Approve the permit application with lesser restrictions or
conditions (i.e., grant a variance); or
(iii) Institute other appropriate actions ordered by the court that
fall within the jurisdiction of Augusta, Georgia.
§ 8-6-13 AMEDMETS
These regulations may, from time to time, be amended in accordance with
procedures and requirements in the general statutes and as new information becomes
available.
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§ 8-6-14 ASSESSMET RELIEF .
Assessors and boards of assessors shall consider the requirements of these
regulations in determining the fair market value of land.
§ 8-6-15 SEPARABILITY AD ABROGATIO.
All sections and subsections of this ordinance are considered separate and
distinct. Should any section, subsection, paragraph or part of this ordinance be declared
by a court of jurisdiction to be invalid for any reason, it shall not invalidate any other
section, subsection, paragraph or part of this ordinance.
§ 8-6-16 DEFIITIOS
(a) Aquifer – Any stratum (rock layer) or zone of rock beneath the surface
of the earth capable of containing or producing water from a well. (Note: This is the
same definition used in the Groundwater Use Act).
(b) Groundwater Recharge Area (synonymous with Aquifer Recharge
Area) – An area of the Earth’s surface where water infiltrates the ground, thereby
replenishing the groundwater supplies within an aquifer.
(c) Lot of Record – A parcel of land the dimensions of which are shown
on a map on file with the Clerk of Superior Court of Richmond County, Georgia, or in
common use by county officials, and which actually exists as so shown, or any part of
such parcel held in a recorded ownership separate from the ownership of the remainder
thereof.
(d) Pollution Susceptibility – The relative vulnerability of groundwater
to pollution from chemical spills, leaching of pollutants from dump sites, animal waste
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from agricultural operations or pollution generated by other human activities.
(e) Pollution Susceptibility Map (s) – Maps prepared by the Georgia
Department of Natural Resources (DNR) that show the relative susceptibility of
groundwater to pollution. Pollution susceptibility maps categorize the land areas of the
State into areas of high, medium and low groundwater pollution potential. These maps
are available at the office of the Augusta Planning and Development Department.
(f) Significant Groundwater Recharge Areas – Areas mapped by DNR in
Hydrologic Atlas 18 (1989 Edition). Mapping of recharge areas is based on outcrop
area, lithology (chemical nature and form of the rock), soil type and thickness, slope,
density of lithologic contacts, geologic structure, presence of “karst” topography
(sinkholes, caves and fissures associated with limestone and other carbonate rocks), and
potentiometric surfaces. These maps are available at the office of the Augusta Planning
and Development Department
.
Section 2. This Ordinance shall become effective on January 1, 1999,
except that certain provisions related to lot size (Section 5.9) shall become effective
immediately upon adoption.
Section 3. All Ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed.
Duly adopted this _____ day of___________, and this _____ day of
______________
Mayor
Attest
Attachment number 15
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APPEDIX
SOIL GROUPIGS FOR USE WITH MIIMUM LOT SIZE TABLES
Group 1 – Well drained to excessively drained Group 4 – Well drained to moderately well drained
soils with percolation rates from <5 to 10 min./in. soils with percolation rates from 60 to 90 min./in.
Also poorly drained soils with percolation rates from
AgB – Ailey loamy sand, 2 to 5% slopes 10 to 15 min./in.
AgC – Ailey loamy sand, 5 to 8% slopes
AgD – Ailey loamy sand, 8 to 12% slopes DgA – Dogue fine sandy loam, 0 to 3% slopes
FsB – Fuquay loamy sand, 1 to 5% slopes DhA – Dogue Urban land complex, 0 to 3% slopes
FuC – Fuquay Urban land complex, 2 to 8% slopes GgB – Georgeville loam, 2 to 6% slopes
LkB – Lakeland sand, 2 to 5 % slopes GgC – Georgeville loam, 6to 10% slopes
LkC – Lakeland sand, 5 to 10% slopes GhC – Georgeville Urban land complex, 2 to 8%
LkD – Lakeland sand, 10 to 17% slopes slopes
LmB – Lucy loamy sand, 1 to 5% slopes GoE – Goldston slaty silt loam, 10 to 25% slopes
LmC – Lucy loamy sand, 5 to 8% slopes GvB – Grover sandy loam, 2 to 6% slopes
LmD – Lucy loamy sand, 8 to 15% slopes GvC – Grover sandy loam, 6 to 10% slopes
TwB – Troup fine sand, 1 to 5% slopes MkB – Mecklenburg loam, 2 to 6 % slopes
TwC – Troup fine sand, 5 to 10% slopes WeC - Wedowee fine sandy loam, 6 to 10% slopes
TwD – Troup fine sand, 10 to 17% slopes WeD – Wedowee fine sandy loam, 10 to 15% slopes
TxC – Troup Urban land complex, 1 to 8 % slopes WuC – Wedowee Urban land complex, 6-10% slopes
UaA – Udorthents, 0 to 2% slopes WuD – Wedowee Urban land complex, 10-15%
slopes
Uc - Udorthents, sandy and loamy WvB –Wickham Urban land complex, 2 to 6% slopes
Ud - Urban land
VaC – Vaucluse-Ailey complex, 5 to 8% slopes Group 5 – Poorly drained soils that have watertables
VaD – Vaucluse-Ailey complex, 8 to 17% slopes very near the surface with percolation rates from 5 to
VuC – Vaucluse-Urban land complex, 5 to 8% slopes 10 min./in.
VuD – Vaucluse Urban land complex, 8 to 17% slopes
Av – Altavista sandy loam, 0 to 2% slopes
Group 2 – Well drained to moderately well drained BO – Bibb and Osier soils
soils with percolation rates from 10 to 30 min./in. Ca – Chastain loam
CC – Chewacla – Chastain association
FeA – Faceville sandy loam, 0 to 2% slopes CR – Chewacla – Riverview association
FeB – Faceville sandy loam, 2 to 5% slopes HZ – Hydraquents, mucky
FeC – Faceville sandy loam, 5 to 8% slopes Ra – Rains loamy sand
GmA – Goldsboro sandy loam Rh – Rains-Urban land complex
GnA – Goldsboro-Urban land complex Ro - Riverview silt loam
Rp – Riverview-Urban land complex
Group 3 – Well drained to moderately well drained Rr – Roanoke loam
soils with percolation rates from 30 to 60 min./in.
Also includes somewhat poorly drained soils with
percolation rates from 5 to 30 min./in.
DoA – Dothan loamy sand, 0 to 2% slopes
DoB – Dothan loamy sand, 2 to 5% slopes
DuB – Dothan-Urban land complex, 0 to 5% slopes
OeA – Orangeburg loamy sand, 0 to 2% slopes
OeB – Orangeburg loamy sand, 2 to 5% slopes
OeD – Orangeburg loamy sand, 8 to 15% slopes
OsC – Orangeburg sandy loam, 5 to 8% slopes
Attachment number 15
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Attachment number 15
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AUGUSTA-RICHMOND COUNTY
TREE ORDINANCE
AND
TREE ORDINANCE ILLUSTRATED GUIDE
REVISED: October 2010
Attachment number 16
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AUGUSTA-RICHMOND COUNTY
TREE COMMISSION
MEMBERS
2010
BIRKIE AYER DISTRICT 1
ROY SIMKINS DISTRICT 2
HENRY FRISCHKNECHT DISTRICT 3
VAUGHN “TEX” MAXWELL DISTRICT 4
JARREL A. GIBSON DISTRICT 5
CLYDE LESTER DISTRICT 6
ROGER W. DAVIS DISTRICT 7
SID MULLIS DISTRICT 8
PAULETTE CURRY DISTRICT 9
ANNETTE HARLAN DISTRICT 10
DIANE SPRAGUE LEGISLATIVE
CLARA HORNSBY LEGISLATIVE
Attachment number 16
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AUGUSTA-RICHMOD COUTY TREE
ORDIACE
AD
TREE ORDIACE ILLUSTRATED
GUIDE (IGO)
Prepared and adopted by the
Augusta-Richmond County Tree Commission
Roy Simkins, Chairman
George A. Patty, Secretary
Adopted by the
Augusta Commission
Deke Copenhaver, Mayor
Alvin Mason, Mayor Pro Tem
These documents provide standards for the protection of public trees, for the designation
of landmark trees, and landscaping, tree protection and tree establishment standards for
the development of private property in Augusta, GA. Included are Chapter 8-4 of the
Augusta-Richmond County Code entitled “Trees” (Ordinance No. 6095) and
amendments thereto, and the “Illustrated Guide to Implementing the Augusta-Richmond
County Tree Ordinance” (Ordinance No. 94-1, adopted December 7, 1993).
Updated October 2010
Attachment number 16
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TABLE OF COTETS
TREE ORDIACE Page
Purpose 1
Definitions 1
Establishment of Tree Commission 3
Administration 4
Public Tree Protection 4
Tree Protection Zone; Official Tree List 5
Planting and Maintenance Standards 6
Moving Buildings or Other Large Objects 8
Landmark Trees 8
Nuisance Trees and Shrubs 8
Greenspace Requirements for Private and Public Development 8
Compliance 18
Landscape Establishment Bond 18
Appeals and Variances 19
Abrogation and Greater Restrictions 20
Severability 20
Enforcement, Violation, and Penalty 20
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Chapter 8-4-1. PURPOSE.
This Chapter provides standards for the protection of public trees, and for the
designation of landmark trees, and further provides landscaping, tree protection and tree
establishment standards for the development of private property in Augusta, Georgia. It
is the purpose of this Chapter to promote the public health, safety, and general welfare of
provisions designed to:
(a) Aid in stabilizing the environment's ecological balance by contributing to the
processes of air purification, oxygen regeneration, wildlife habitat, groundwater
recharge, and storm water runoff retardation, while concurrently facilitating noise,
glare, and heat abatement;
(b) Encourage the preservation of existing trees and vegetation;
(c) Prevent soil erosion;
(d) Protect and enhance the aesthetic qualities of the community;
(e) Prevent structural and pavement saturation;
(f) Safeguard and enhance private property values and protect private and public
investments;
(g) Conserve energy.
Chapter 8-4-2. DEFIITIOS.
(a) Administrator. The Executive Director of the Augusta-Richmond County
Planning Commission.
(b) Caliper. The diameter or thickness of the main stem of a young tree or sapling as
measured at six (6) inches above ground level. This measurement is used for
nursery-grown trees having a diameter of four (4) inches or less.
(c) Commission. The Augusta Commission.
(d) Diameter breast height (DBH). The diameter or width of the main stem of a
tree as measured four and one-half (4.5) feet above the natural grade at the base of
a tree. Whenever a branch, limb, defect, or abnormal swelling of the trunk occurs
at this height, the DBH shall be measured at the nearest point above or below four
and one-half (4.5) feet at which a normal diameter occurs.
(e) Dripline. An imaginary circuitous line of the ground that designates the
outermost point to which the tree branches extend.
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(f) Executive Director. Executive Director of Augusta-Richmond County Planning
Commission.
(g) Greenspace. Any area retained as permeable unpaved ground and dedicated to
supporting vegetation.
(h) Greenspace Plan. A topographic survey map and supporting documentation
which describes for a particular site where vegetation (green space) is to be
retained or planted in compliance with these regulations. The Greenspace Plan
shall include a tree establishment element, a tree protection element, and a
landscaping element.
(i) IGO. (Illustrated Guide to Implementing the Augusta-Richmond County Tree
Ordinance) A document providing standards and specifications for tree protection
and tree establishment per Section VIII (c) of the Augusta-Richmond County Tree
Ordinance.
(j) Landmark tree. Any tree determined by the Tree Commission and the Augusta
Commission, to be of notable historic interest, high aesthetic value, or of unique
character because of species, type, age, or size and therefore designated as a
public landmark.
(k) Land clearing. The removal of all vegetation two (2) inches DBH or greater.
(l) Landscape Establishment Bond. A two year bond that shall be posted prior to
the issuance of a Certificate of Occupancy and released after two years upon a
determination that required trees and landscaping are healthy and have a
reasonable chance of surviving to maturity.
(m) Official street tree planting plan and program. A plan and program adopted
for the planting of trees along public streets, parks and other public places.
(n) Official Tree List. A listing of various tree species, classified by size grouping,
to be used to determine the quality rating of trees to be preserved or planted as
well as the Quality Points (Section III of the IGO).
(o) Planting Island. An unpaved landscaped area located within a vehicle parking
area that is defined physically by curbing or otherwise in such a way that it cannot
be driven over or parked upon and which must contain a medium or large tree.
(p) Park. All public land set aside for open space and recreation purposes.
(q) Public property. Any property owned by Augusta, Georgia.
(r) Public tree. Any tree located on public property.
(s) Quality points factor. A decimal fraction that is assigned to each tree species in
the Official Tree List and is used as a multiplier in calculating the tree quality
points for any tree retained on a site.
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(t) Right-of-way. A strip of land over which Augusta, Georgia has the right, by
ownership or otherwise to construct a public street, sidewalk, or use for public
utilities.
(u) Street yard. A greenspace parallel to the street right-of-way whose total area is
equal to at a minimum ten (10) times the length of the right-of-way in square feet.
(v) Tree Commission. An appointed board of twelve (12) members with designated
duties as outlined herein.
(w) Tree establishment element. A topographic survey map and supporting
documentation which describes for a particular site where trees are to be planted
in compliance with the requirements of these regulations, the types of trees and
their corresponding tree quality points.
(x) Tree protection element. A topographic survey map and supporting
documentation which describes for a particular site where existing trees are to be
retained in compliance with the requirements of these regulations, the types of
trees and their corresponding tree quality points.
(y) Tree protection zone. The area surrounding a preserved or planted tree that is
essential to that tree's health and survival, and is protected within the guidelines of
this chapter.
(z) Tree quality point (TQP). A unit of measurement which quantifies the relative
value of trees that are planted or retained on a given site. Tree quality points
quantitatively express the desirable qualities of the species with regard to size for
each tree that is retained on a site. For planted trees the tree quality points are an
expression of species desirability and the expected mature size of each tree.
(aa) Vehicle display area. Areas where vehicles are displayed for sale or lease.
(bb) Vehicular service area. Any paved or unpaved area utilized by vehicles.
Chapter 8-4-3. ESTABLISHMET OF TREE COMMISSIO.
(a) There is hereby created the Augusta-Richmond County Tree Commission which
shall consist of ten (10) members appointed by the Augusta Commission plus an
additional two (2) members appointed by the Richmond County Legislative
Delegation. All appointments shall be for four (4) year terms. The role of the
Tree Commissioners will be to define problems, suggest solutions, and provide
support; review any appeals or variances and recommend acceptance or rejection
to the Administrator; annually review the Illustrated Guide to Implementing the
Augusta-Richmond County Tree Ordinance (IGO) and update it as needed; and
review petitions for landmark trees. The Tree Commission shall meet no less than
quarterly. All members shall be residents of Augusta, Georgia. All vacancies
shall be filled for the unexpired terms.
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(b) All Tree Commissioners shall serve without compensation. The Augusta
Commission and the Richmond County Legislative Delegation, when appointing
members to the Tree Commission, shall appoint persons from the following fields
of association: registered landscape architect; realtor / developer of commercial
property (licensed broker who is member of board of realtors); urban forester; an
agricultural extension agent; architect; engineer; an appointee from the Garden
Council of Augusta; a master gardener; and citizens at large who have knowledge
of, and interest in trees and the urban forest. The Georgia Forestry Commission
Urban Forester may serve as an ex-officio member.
(c) All terms shall expire on March 30 of the applicable year, and new terms shall
begin on April 1 of the applicable year.
(d) Members shall not receive a salary, although they may be reimbursed for
authorized expenses.
Chapter 8-4-4. ADMIISTRATIO.
The Augusta-Richmond County Planning Commission shall have the
responsibility for administering all provisions of this Chapter that relate to the
development of private lands. The Augusta-Richmond County Tree Commission shall
have the responsibility of administering all provisions that relate to the development of
public lands.
Chapter 8-4-5. PUBLIC TREE PROTECTIO.
(a) Any request for the severing from the stump and removal of a tree on a public
right-of-way shall be directed to the Augusta-Richmond County Tree
Commission for approval. In the event approval is given, Augusta-Richmond
County shall notify the local neighborhood association, if any, and shall post on
such tree for a period of fourteen (14) days a notice of their intent to remove said
tree. Decisions of the Tree Commission shall be final, and there shall be no
appeal to the Augusta Commission.
(b) Trees deemed a danger to the public or the adjoining property by the Tree
Commission or the appropriate City Department shall be exempt from the
restrictions of this section and can be removed for the safety of the public and/or
adjacent properties.
(c) Nothing herein shall be construed as prohibiting the cutting and/or removal of a
tree or trees incidental to a road improvement project, a drainage project, or a
water and sewerage project of Augusta, Georgia or the Georgia Department of
Transportation.
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(d) All other projects causing disturbance within rights-of-way which may cause
extensive damage to trees therein shall likewise be reviewed by the Augusta-
Richmond County Tree Commission for recommendations.
(e) No person or organization shall do any of the following acts to any public tree
without first obtaining the proper permission from the Augusta-Richmond County
Tree Commission:
(1) Cut, prune, break, damage, remove, kill or cause to be killed.
(2) Cut, disturb, or interfere, in any way, with the soil or any root within the
dripline.
(3) Place, spray, or apply any chemical that is known to be toxic to trees in a
location that may be absorbed by any part of the tree.
(4) Fasten any rope, wire, sign or other device whether invasive to the tree or
not.
(5) Remove or damage any guard devices placed to protect any tree.
(6) Conduct razing, removal, demolition, expansion, or renovation of any
structure if deemed by Augusta-Richmond County to be damaging to
neighboring public trees.
(7) Maintain a stationary fire or device which vaporizes noxious fumes
deleterious to tree health.
(8) Pave with concrete, asphalt, or other impervious material within the
dripline of any public tree unless approved construction techniques are
followed as prescribed. (Ord. 5933, June 17, 1997)
Chapter 8-4-6. TREE PROTECTIO ZOE; OFFICIAL TREE LIST.
(a) There is hereby established a tree protection zone which shall include all public
rights-of-way and all public lands of Augusta, Georgia.
(b) The Augusta-Richmond County Tree Commission is hereby charged with the
duty of determining the types of species of trees suitable for planting, as well as
those prohibited, and the conditions under which such trees shall be planted along
streets, in parks, and in public places within Augusta, Georgia. When completed,
the list shall be presented to the Augusta Commission for its approval. When
approved, the said report shall be known as the Official Tree List. Revisions in
the Official Tree List may be made from time to time by the Augusta-Richmond
County Tree Commission. All trees hereafter planted on public property of
Augusta, Georgia must be on the Official Tree List, unless otherwise specifically
approved by the Augusta-Richmond County Tree Commission.
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Chapter 8-4-7. PLATIG AD MAITEACE STADARDS.
(a) The Augusta-Richmond County Tree Commission shall have the authority to
insist that all property owners treat or else allow the City to treat trees suffering
from transmittable diseases or insect infestations which are on private property
but are affecting the health of public trees on public property. If the disease
infestation warrants drastic action to curb its spread to healthy public trees, at the
direction of the Augusta-Richmond County Tree Commission, the property owner
shall remove and dispose of said trees or else allow Augusta, Georgia to do so.
(b) In case of emergencies, such as windstorms, or other disasters, the removal of
broken limbs or uprooted trees, using proper BMP practices, shall be allowed
during the emergency period so that the requirements of this Chapter would in no
way hamper private or public work to restore order to Augusta, Georgia. This
work is to be done in accordance with the emergency standards as outlined by
Augusta, Georgia.
(c) All pruning on any tree required by this Ordinance shall be performed in strict
compliance with the “American National Standards” as set forth in the ANSI
A300 (Part 1) – 2008 Pruning, or current ANSI standards. A copy of the
standards are available at the Augusta-Richmond County Planning Commission
for review or can be purchased at ANSI.org.
Examples:
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Chapter 8-4-8. MOVIG BUILDIGS OR OTHER LARGE OBJEC TS
No person shall move any building or other large objects which may injure any
public tree or parts thereof along any street without first having obtained written
permission from the Augusta-Richmond County Tree Commission and then having
obtained a permit from the License and Inspections Department.
Chapter 8-4-9. LADMARK TREES
The Augusta Commission may, upon petition by the property owner, designate a
tree as a landmark tree, as defined herein. All nominations for landmark trees shall be
reviewed by the Tree Commission which shall make a recommendation on such
nomination to the Augusta Commission. Trees so designated shall thereafter be
considered public landmarks and shall not be destroyed nor endangered except as
recommended by the Tree Commission. The designation of a Landmark Tree shall be
based upon an evaluation of the tree in relation to the criteria set forth in the IGO.
Upon designation as a Landmark Tree, the tree shall be protected as provided in
this Chapter, and the tree quality points assignment shall be based upon a quality points
factor of 200 percent of the tree quality points for a preferred tree of equal DBH.
Chapter 8-4-10. UISACE TREES AD SHRUBS
Any tree or shrub or parts thereof growing on public or private property which
interferes with or endangers the use of the public streets or obscures sight distance or
creates a traffic hazard on intersections or endangers the life, health, safety or property of
the public, shall in the opinion of the Tree Commission be declared a public nuisance.
The owner shall be notified in writing of the existence of the nuisance and be given a
fifteen-day (15) period of time for instigating its correction or removal. If not corrected
or removed within thirty (30) days, the Tree Commission shall cause the nuisance to be
corrected or removed and the cost shall be assessed to the owner as provided by this
Chapter.
Chapter 8-4-11. GREESPACE REQUIREMETS FOR PRIVATE AD
PUBLIC DEVELOPMET
(a) Application. The regulations set forth in this Chapter shall apply to all properties
affected by development proposals requiring site plans pursuant to Section 30-2
of the Comprehensive Zoning Ordinance for Augusta, Georgia. Permits for
clearing land and grading of land shall not be granted until plans as required by
this Chapter have been approved.
(b) Exemptions. The following types of developments are exempt from compliance
with any and all provisions of this Chapter:
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(1) Construction (including clearing) of single-family residential structures on
individual lots; and
(2) The development of streets within a subdivision is exempt from all of the
provisions of the Tree Ordinance except 8-4-11-(e)-(5).
(3) Site Plans that require grading only (no construction of improvements)
may be exempt from providing 1000 Tree Quality Points per acre of
development at the discretion of the Administrator; however a streetyard
must be installed per 8-4-11-(e)-(5).
(4) Telecommunication facilities in LI or HI zoning unless the site is in view
of a residential use in a residential zone, as viewed from the base of the
tower.
(5) Federal, State and local government infrastructure (water, sanitary sewer
and stormsewer) projects.
(c) Greenspace Plan required. Except as herein provided, there shall be a Greenspace
Plan for every applicable development. Such plan shall include a landscape
element, a tree protection element, and a tree establishment element.
(d) Landscape element. Such element shall include a topographic survey map
illustrating compliance with the design principles and standards included in the
following section.
(e) Landscape element design principles and standards.
(1) A minimum of ten (10) percent of the total land area of any development
shall be devoted to greenspace.
(2) No artificial plants, trees, or like materials shall be counted toward
meeting the standards of these regulations.
(3) All retained or planted trees shall be protected or situated so as to prevent
damage from environmental changes (such as a lowered water table) or
land disturbance resulting from any building or facility construction.
(4) Sidewalks, curbing, or any other paved or impermeable surfaces within the
greenspace area shall not count towards the ten (10) percent minimum
greenspace or street yard requirement.
(5) A street yard area shall be provided along any existing or proposed public
street right-of-way or private right-of-way adjacent to or adjoining the
property except for those portions of the lot used for driveways. Detention
or retention ponds at the front of the property near the right-of-way do not
relieve the developer from installing the required street yard.
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For site plans that include fewer than one hundred (100) total parking and
loading spaces, the minimum width of the streetyard shall be 10’ and the
streetyard shall be that area immediately adjacent to the right-of-way.
Street yards shall be landscaped and properly maintained by the owner and
shall have live vegetation including groundcover, grass, trees, shrubs and
may, unless otherwise prohibited, include fences and walls and plantings
for parking areas. Each street yard shall have at least one (1) large tree for
each forty (40) linear feet on center of street frontage, with a large tree
being located within 20' of each side property line. All planted trees must
be at least three (3) inches in caliper, have a single trunk, and be
unbranched to six (6) feet.
In zoning districts where zero setbacks are permitted by the
Comprehensive Zoning Ordinance for structures adjoining public street
rights-of-way, the street yard and its plantings may be located upon the
public property if approved by the Department of Public Works. In all
other cases, the street yard must be located on private property.
For site plans that include one hundred (100) or more total parking and
loading spaces, the minimum width of the streetyard shall be 15’ and the
streetyard shall be that area immediately adjacent to the right-of-way.
When a use of land is intensified or expanded in such a way that the
required parking must be increased more than twenty (20) percent (except
for parking areas where a twenty (20) percent increase would be less than
5 new spaces) then the entire site including the already developed area
must be provided with a street yard. The minimum width of the streetyard
shall be 5’ and the streetyard shall be that area immediately adjacent to the
right-of-way.
Where a property adjoins a right-of-way such as gas, power, railroad, etc.,
that is adjacent to and parallel with a public or private street, the subject
property shall be deemed to front on the public or private street and
streetyard requirements shall be adhered to.
When a major subdivision (10 lots or more) of property occurs along an
existing or proposed public street, a streetyard 10’ in width , adjacent to
the right-of-way, shall be installed and have at least one (1) large tree for
each forty (40) linear feet on center of street frontage, with a large tree
being located within 20' of each side property line. All planted trees must
be at least three 3 inches in caliper, have a single trunk, and be unbranched
to six (6) feet. Streetyards shall be landscaped and properly maintained by
the owner and shall have live vegetation, groundcover, grass, trees, shrubs,
and may, unless otherwise prohibited, include fences and walls and
plantings for parking areas.
As of January 2003, any existing streetyard tree may not be cut or
removed without permission of the Tree Commission.
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(6) Parking lots providing over five (5) spaces shall contain interior
landscaped areas. This section shall apply to any surface parking lot or
loading area or vehicular service area or portions thereof built after the
adoption of this Chapter. The number, size, and shape of interior
landscaped areas shall be at the discretion of the owner subject to the
following provisions:
(a) A minimum of five (5) percent of the total interior area of parking
lots, loading areas, and vehicular use areas shall be devoted to
landscaping. Required street yards may not count toward the five
(5) percent. There shall be no more than twelve (12) consecutive
parking spaces between planting islands, which must contain a
medium or large tree, and which must be at least one hundred
(100) square feet in area with a minimum width of eight (8) feet
measured inside of curb to inside of curb. On such site plans one
of every five (5) required planting islands must be a minimum of
37.5 feet in length and eight (8) feet in width, inside of curbing,
unless all parking spaces are arranged around the perimeter of the
parking lot. When row parking is utilized, the end of each row of
parking must be a double planting island with a minimum of one
medium or large tree per row of parking.
When a use of land is intensified or expanded in such a way that
the required parking must be increased more than fifty (50) percent
(except for where such an increase would be less than twenty (20)
spaces), the new parking area must conform to the requirements of
this subsection and the already developed parking area must be
retrofitted with planting islands at a rate of one for every twelve
(12) which is no less than one hundred (100) square feet in area
and with a minimum width of eight (8) feet.
All internal planting areas shall be landscaped with approved plant
materials compatible with accepted arboricultural practices as set
forth in the IGO. The area devoted to interior planting islands may
be deducted from the required parking area pursuant to Section 4-2
of the Zoning Ordinance at a rate of one (1) space per two hundred
(200) square feet of planting island except that the requirement of
spaces shall not be reduced over ten (10) percent.
For the purposes of calculating consecutive parking spaces,
handicapped parking spaces shall equal one and one-half (1-1/2)
parking spaces.
As of January 1, 2003, any existing parking lot tree may not be cut
or removed without permission of the Tree Commission.
(b) No parking space shall be further than 65 feet from the trunk of a
medium or large tree with no intervening building.
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(c) Within existing parking areas, all new curbing around landscaped
islands shall match existing curbing within the site. If no curbing
is present within the site, then concrete curb and gutter, per City of
Augusta standards and specifications, shall be used around
landscaped islands.
In new parking areas, all curbing around landscaped islands shall
be concrete curb and gutter, as approved by the City Engineer.
(7) Lighting serving to illuminate a parking area shall not be located within a
required planting island. Further, no light pole taller than 12’ shall be
within 20’ of a large or medium tree.
As of December 31, 2008, all light pole locations shall be indicated on the
Landscape Plan.
(a) No flag poles shall be located within a required landscaped island nor
within 20’ of a large or medium tree.
(b) No signs, except for directional signs, shall be located within a
required landscaped island, nor within 20’ of a large or medium tree
provided that no such directional sign shall exceed 30 inches in height
nor more than 4 square feet in area.
(c) No utility boxes, fire hydrants, transformers or other site
appurtenances shall be located in a required landscaped island.
(8) A permanent water source shall be provided not more than one hundred
(100) feet from any planted tree.
(9) Where the rear property line in a multiple-family residential, professional,
commercial or industrial zone abuts an R (Residential) zone or single-
family residence, a buffer strip not less than twenty (20) feet in width shall
be provided. Further, where the rear property line in a commercial zone
abuts an A (Agricultural), R-MH (Residential Manufactured Home), R-2
(Two-family Residential), or R-3 (Multi-family Residential) zone or
single-family residence within one of these zones, a buffer strip not less
than twenty (20) feet in width shall be provided. This buffer strip shall be
designed to provide a year-round visual screen that is at least eight (8) feet
in height and completely blocks the view of the subject property by a
person standing just across the property line on the adjoining residential
property. It shall consist of six (6) foot solid board or 'shadowbox' style
fence or masonry wall that has two finished sides and is approved by the
Tree Commission, unless a fence already exists on the adjoining property
that meets the requirements of this Ordinance. The buffer strip shall be
planted with medium or large trees spaced on 40 foot centers with
interplanted evergreen plant material, berms, mounds or combinations
thereof to achieve the objective within a maximum three (3) year period.
No buildings, structures, storage of materials, or parking shall be
permitted within this buffer area. Buffer areas shall be maintained and
kept free of all debris, rubbish and weeds.
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As of January 2003, any existing rear bufferyard tree may not be cut or
removed without permission of the Tree Commission.
(10) Where the side property line in a multiple-family, professional,
commercial, or industrial zone abuts an R (Residential) zone or single-
family residence, a planted buffer strip not less than ten (10) feet in width
shall be provided. Further, where the side property line in a commercial
zone abuts an A (Agricultural), R-MH (Residential Manufactured Home),
R-2 (Two-family Residential), or R-3 (Multi-family Residential) zone or
single-family residence within one of these zones, a buffer strip not less
than twenty (20) feet in width shall be provided. This buffer strip shall be
designed to provide a year-round visual screen that is at least eight (8) feet
in height and completely blocks the view of the subject property by a
person standing just across the property line on the adjoining residential
property.
Said buffer strip shall begin at the front setback line and extend along the
entire remaining side boundary. It shall consist of a six (6) foot solid
board or shadowbox" style fence or masonry wall that has two finished
sides and is approved by the Tree Commission, unless a fence already
exists on the adjoining property that meets the requirements of this
Ordinance. The buffer strip shall be planted with medium or large trees
spaced on 40 foot centers with interplanted evergreen plant material,
berms, mounds or combinations thereof to achieve the objective within a
maximum three (3) year period. Buffer areas shall be maintained and kept
free of all debris, rubbish and weeds. No buildings, structures, storage of
materials, or parking shall be permitted within this area.
As of January 2003, any existing side bufferyard tree may not be cut or
removed without permission of the Tree Commission.
(11) The mature or ultimate spread of planted trees shall be shown on the
Greenspace Plan. Planted trees shall be diagramed according to the
following minimum standards in order to qualify for tree quality points:
*large trees - thirty-five (35) foot spread
*medium trees - twenty-five (25) foot spread
*small trees - fifteen (15) foot spread
(12) No new utilities (overhead or underground) shall be located directly above
or below existing or proposed tree locations. (Proposed utilities must be
routed away from all trees.)
(f) Tree protection and tree establishment elements. Land cleared for development or
land being proposed for development shall have, after development, not less than
one thousand (1,000) tree quality points (TQP) per acre on a given site. Tree
quality points shall only be calculated on the acreage of the site that is being
developed. Undeveloped portions of the site shall not be required to provide tree
quality points (including street yard requirements) nor shall tree quality points for
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existing trees be counted toward the requirements of the developed portion of the
site. Tree protection and tree establishment elements may be provided separately
or collectively depending on the nature, complexity, and scale of the
development. Such elements shall include a topographic survey map showing:
(1) Existing tree cover and tree cover that is to be removed.
(2) The location and species of all trees to be retained on the developed
portion of the site for which tree quality points are to be claimed,
including their DBH, tree quality points, and their tree protection zones.
Where a grouping or cluster of twenty (20) or more trees is located within
a proposed tree protection zone, the location of individual trees within
such cluster is not required to be spotted on the plan, provided the number
of trees for each species within the cluster is given and the average DBH is
identified for each species. Existing trees on undeveloped portions of the
site (i.e. future development) or trees within the right-of-way(s) cannot be
counted toward Tree Quality Points.
(3) The location, species, and DBH of all trees located on adjacent rights-of-
way.
(4) A listing of all trees to be planted on the site for which tree quality points
are to be claimed, giving their respective species, caliper, and tree quality
points.
(5) A description of tree planting specifications if different from those listed
in the Illustrated Guide to Implementing the Augusta-Richmond County
Tree Ordinance (IGO).
IGO and any amendments thereto are hereby adopted by reference. The
guide will be reviewed annually by the Tree Commission with the updated
version being adopted by reference and each time made a part hereof. All
Greenspace Plans shall be provided in a manner consistent with provisions
contained therein.
As of January 2003, any existing tree that would count toward the overall
requirement for tree quality points (TQP) may not be cut or removed
without permission of the Tree Commission.
(g) Tree protection and tree establishment standards. Tree protection zones shall be
established and maintained for all trees preserved or planted on a site for which
tree quality points are to be claimed. The following provisions apply to such
zones and the trees within them.
(1) The tree protection zone shall have a dimension of not less than one-half
(1/2) the distance to the dripline of the preserved tree, or the minimum tree
protection zones for planted trees set forth in Table 1; whichever is
greater. Tree protection zones shall be barricaded prior to the
commencement of construction and until the Certificate of Occupancy has
been issued.
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(2) The area within any tree protection zone must remain open and unpaved.
The use of perforated pavement may be allowed subject to the approval of
the Administrator.
(3) Deleted
(4) No vehicles shall be parked, construction material stored, substances
poured, disposed of, or placed, within any tree protection zone at any time
during clearing or construction of the project.
(5) No change in grade within the tree protection zone shall be allowed except
for a maximum addition of two (2) inches of sandy loam topsoil covered
with mulch.
(6) Tree wells or tree walls (islands) shall be constructed as needed to protect
the preserved trees from grade changes which result in changes of water
supply to the tree protection zone. Adequate means for drainage of excess
moisture from the tree protection zone shall be provided if tree wells or
tree walls are constructed.
(7) For planted trees, the minimum size Tree Protection Zone centered upon
the planted tree shall be as specified in Table 1.
(8) The ground elevation where trees are to be planted in a street yard shall be
within five (5) feet of the ground elevation of the street right-of-way.
Table 1
Minimum Tree Protection Zone for Planted Trees
Mature Minimum Area **
Tree Size Square Feet Protection Zone
small * 16 2.0' radius
medium * 66 3.0' radius
large * 200 4.0' radius
* A listing of small, medium, and large trees is found in IGO.
** Protection Zone = Minimum distance from tree trunk to edge of
dripline.
(h) Tree standards.
(1) All required trees shall be grown within one climatic zone of Augusta,
GA.
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(2) All required trees shall be nursery grown, typical of their species or
variety, with normal, densely developed branches and vigorous, fibrous
root systems. Trees shall be sound, healthy, vigorous, free from defects,
free from disfiguring knots, free from sun scald injuries, frost cracks
and/or abrasions of the bark, and be free from plant diseases, insect eggs,
borers, and all forms of infestation. All trees shall have a fully developed
form without voids and open space. Trees shall not be loose in the
container or root ball. It is recommended that dug trees shall have been
root pruned at least once.
(3) All required trees shall have straight, single central leaders. Trees that
have the main trunk forming a “Y” shape are not acceptable. Trees that
are not fully branched will not be accepted. Trees shall have no bark
damage and shall not be leaning or have significant sweep, crook or bend.
Trees shall have a minimum 3” caliper and shall have no branch more than
½ the diameter of the main leader and shall have a straight unbranched
trunk to 6’. Trees specified as “multi-stemmed” shall have a minimum of
3 and a maximum of 5 separate canes a minimum of 1” caliper each
coming from the root ball and pruned into tree form with no branches on
the lower half of the tree. Multiple plants shall not be used as a “multi-
stemmed” plant.
(4) All required trees shall be set in the planting pit to proper grade and
alignment, and shall be set upright, plumb and faced to give the best
appearance or relationship to other trees. Each tree shall be set 1-2” above
the finish grade and backfill shall be brought even with the top of the root
ball. No fill shall be permitted atop the root ball.
(5) All burlap, ropes, straps and wires shall be removed from the root ball. If
it is not possible to remove the burlap and wire from the bottom of the root
ball, the burlap and wire shall be cut away from the sides and removed
from the hole.
(6) After required trees are set, the backfill shall be muddled around the base
of the root ball and all voids shall be filled.
(7) All required trees shall have their planting pits mulched with approved
mulching material immediately after planting. The mulched areas shall be
thoroughly water. Note: Mulch shall be placed to a maximum thickness of
3” except at the trunk, where it shall be no more than 1”.
(8) If staking and supports have been installed on the required tree(s), all
staking and supports shall be removed after one growing season.
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(i) Tree quality points.
(1) Tree quality points shall be assigned to preserved or planted trees as
described in the Illustrated Guide to Implementing the Augusta-Richmond
County Tree Ordinance (IGO).
a. Deleted
b. Deleted
Table 2
Tree Quality Points for Planted Trees
Mature
Size Acceptable Recommended Preferred
small * 5 5,10,15,20,30 10,15,20,30,40
medium * 5 15,30 30,40,60,90
large * 15 40 40,90
* A listing of small, medium, and large trees is found in the IGO.
(2) Tree quality points for preserved trees. Quality points for trees preserved
on the site are directly related to the tree species quality and the tree
protection zone that must be provided for the tree. For preserved trees,
tree quality points are calculated by squaring the tree's DBH (diameter at
breast height) and multiplying this number by the applicable quality points
factor. If the calculated tree quality points is less than that given for
planted trees in Table 2, then the greater number will apply.
(DBH)2 X (Quality Points Factor) = Tree Quality Points
Table 3
Tree Quality Points Factor
Tree Quality Rating Quality Points Factor *
Acceptable 0.2
Recommended 0.6
Preferred 1.4
Landmark Trees 2.0
* The assigned quality points factor is found in the Tree Species List in IGO.
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Chapter 8-4-12. COMPLIACE.
All improvements shown in the Greenspace Plan shall be constructed and all plant
materials shall be in place and approved by Augusta-Richmond County before a
Certificate of Occupancy will be issued for any use of land or structure(s) that is not
exempted from this Ordinance. If at the time of request for a Certificate of Occupancy
the required landscaping is not in place and it can be determined Augusta-Richmond
County personnel that unavailability of plant materials or that weather conditions prohibit
completion of this planting, then the developer may, at the discretion of the Executive
Director, provide an executed contract binding until December 31 of the calendar year in
which the application is made that provides for the completion of such landscaping work,
and also a Performance Bond or an Irrevocable Letter of Credit from a federally insured
lender in an amount to be approved by Augusta-Richmond County commensurate with
the cost of completing the required landscaping.
Existing trees or other landscape features as delineated on previously approved Site Plans
and subsequently installed to conform with the minimum standards of this Ordinance
may not be removed or altered without prior approval of the Tree Commission.
In the event that trees cannot be planted on the site due to hardship, a variance of the Tree
Commission may be applied for. The variance request shall include: the variance fee, as
set forth by the Augusta-Richmond County Planning Commission, a letter explaining the
need for the variance, a mitigation package at a rate of two trees for every tree not planted
on the site, (trees will be planted at another location on the site or at a location as set forth
by the Augusta-Richmond County Tree Commission), and a Landscape Establishment
Bond in the amount of $500 per tree in the mitigation package. If trees are to be planted
offsite, installation of the trees will be the developer’s responsibility, and maintenance for
a two year term, from the date that the trees are planted will also be the developer’s
responsibility. A Maintenance Agreement will also be required for a term of two years,
unless waived by the Augusta-Richmond County Tree Commission. In lieu of the
mitigation package, a fee in the amount of $1500 per tree to be mitigated shall be payable
to Augusta-Richmond County, and deposited in a separate Landscaping Account
(hereinafter referred to as the “Tree Bank”), for placement of or replacement of trees
within the City. A Landscape Establishment Bond nor a Maintenance Agreement will be
required if this option is exercised.
Chapter 8-4-13. LADSCAPE ESTABLISHMET BOD.
A two-year Landscape Establishment Bond shall be posted with the Administrator
prior to issuance of the Certificate of Occupancy. This bond shall be in the amount of the
contract award for landscaping or in an amount determined by Augusta-Richmond
County, whichever is higher. After 18 months, the Augusta-Richmond County shall
inspect the site and make a determination as to whether or not the required trees and
landscaping have not been removed, the required trees and landscaping are healthy, the
growth and the integrity of the required trees have not been compromised, the canopy of
the required trees have not been reduced in any fashion, and the required trees have a
reasonable chance of surviving to maturity. Upon such a finding, the bond shall be
released at the end of the two-year Landscape Establishment Bond period. In absence of
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such a finding, the Landscape Establishment Bond shall not be released and the
owner/developer of the property shall be notified to replace the unhealthy trees and
landscaping or take other appropriate action as required by Augusta-Richmond County.
If the owner/developer fails to comply with the decision of Augusta-Richmond County
within sixty (60) days of receiving a written notice, then the City shall use the Landscape
Establishment Bond to the extent necessary to bring the property into compliance with
the provisions of these regulations.
Before release of the Landscape Establishment Bond, documentation (an Agreement to
Maintain Required Landscaping) shall be signed by the Owner certifying that the
required trees located on the site will not be removed, the growth and the integrity of the
required trees will not be compromised, nor shall the canopy of the required trees be
reduced without prior approval of the Tree Commission.
Chapter 8-4-14. APPEALS AD VARIACES.
(a) Decisions of the Administrator may be appealed to the Augusta-Richmond
County Tree Commission. The Tree Commission shall also hear requests for
variances from the provisions of this Chapter. The variance request must be made
in writing to the Administrator by the first Monday of any given month for that
month’s Tree Commission meeting. The Tree Commission shall review the
appeal or variance and make its recommendations to the Administrator.
(b) Variances shall only be granted upon a determination that the variance is the
minimum necessary to afford relief and when in the opinion of the Tree
Commission relief is justified.
(c) Variances shall only be granted upon:
(1) A determination that failure to grant the variance would result in
exceptional hardship; and
(2) A determination that the granting of a variance will not adversely impact
the intent and purpose of these regulations.
(d) The Tree Commission may approve, deny, or approve with conditions a request
for a variance. Conditional approval may be granted where mitigation of the
impact is agreed upon by the Tree Commission and the petitioner.
(1) The Tree Commission, at its discretion, may require mitigation plantings in
City street right-of-ways, in City parks, or on other City-owned property.
(2) The Tree Commission, at its discretion, may require a mitigation fee to be
paid to the City’s Trees and Landscape Department, to be used for plantings in
City Street right-of-ways, in City parks, or on other City-owned property.
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Chapter 8-4-15. ABROGATIO AD GREATER RESTRICTIOS .
This Chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Chapter and another regulation
conflict or overlap, whichever regulation imposes the more stringent restrictions shall
prevail.
Chapter 8-4-16. SEVERABILITY.
If any provision of this Chapter is declared to be invalid, such declaration shall
not affect, impair, or invalidate the remaining provisions of this Chapter.
Chapter 8-4-17. EFORCEMET, VIOLATIO AD PEALTY.
All violations of the provisions of this Chapter or failure to comply with any of its
requirements shall be reported to the Augusta-Richmond County Tree Commission.
Once a violation is evident, the Augusta-Richmond County Tree Commission, acting on
behalf of the Augusta Commission, shall notify the owner in writing of the apparent
violation of this Chapter. The written notice shall direct the owner to cease the violation
until such time as the requirements and procedures of this Chapter have been met. Upon
failure of the owner to comply with this notice, the Augusta-Richmond County Tree
Commission shall notify the Augusta City Attorney of the violation and the Augusta City
Attorney shall immediately begin legal procedures in the Superior Court of Richmond
County to prevent, enjoin, abate, or terminate such violations in addition to injunctive
relief. All persons, firms or corporations failing to comply with the mandatory provisions
hereof or doing any act prohibited hereby shall be guilty of a misdemeanor and shall be
punished as provided in Chapter 1-6-1 of this Code. Each day such violations continue
shall be considered a separate offense. Nothing herein contained shall prevent the
Augusta Commission from taking such other lawful action as is necessary to prevent or
remedy any violations.
Any action resulting in the death or destruction of a public tree on City property or within
City right-of-way shall be subject to a fine depending on the size of the tree. Trees of 3”-
10” caliper will be fined $1000 per damaged/destroyed tree toward the replacement of
tree(s) of equal caliper, species to be approved by the Augusta-Richmond County Tree
Commission. Replacement trees must carry a 2 year Landscape Establishment Bond per
the requirements of 8-4-13. Trees larger than 10” caliper will be fined $1,000 plus
replacement cost of the tree, as determined by the Augusta-Richmond County Tree
Commission, up to a maximum of $10,000 per tree. The replacement tree shall be of
equal caliper or as approved by the Augusta-Richmond County Tree Commission.
Replacement trees must carry a 2 year Landscape Establishment Bond per the
requirements of 8-4-13. Nothing herein contained shall prevent the Augusta Commission
from taking such other lawful action as is necessary to prevent or remedy any violations.
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Done in Open Meeting under the Common Seal thereof this ____________ day of
__________________________, 2010.
Approved by the Augusta Commission this ____________ day of
__________________________, 2010.
Deke Copenhaver, Mayor
ATTEST:
______________________________________________
Lena J. Bonner
Clerk of Commission
First reading - _____________________________
Second reading - ___________________________
Attachment number 16
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AUGUSTA-RICHMOND COUNTY
ILLUSTRATED GUIDE
REVISED: October 2010
Attachment number 16
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ILLUSTRATED GUIDE TO IMPLEMETIG
THE AUGUSTA-RICHMOD COUTY TREE ORDIACE (IGO)
I. Purpose 1
II. Calculations for Tree Protection and Tree Establishment Elements of a
Greenspace Plan 1
III. Tree Species List 4
IV. Tree and Site Related Disturbances 16
V. Methods of Tree Protection 18
VI. Standards for Remedial Tree Care 21
VII. Standards for Selecting Quality Planting Stock 21
VIII. Transplanting Standards 21
IX. Criteria for Landmark Trees 22
Appendix 23
Attachment number 16
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ILLUSTRATED GUIDE TO IMPLEMETIG
THE AUGUSTA-RICHMOD COUTY TREE ORDIACE
I. Purpose
This document provides standards and specification for use in determining
whether or not a development project as defined in Section VIII (A) of the Augusta-
Richmond County Tree Ordinance is in compliance with the provisions of that
Ordinance. Specifically the standards and specifications contained herein shall be used to
determine compliance with the tree protection and tree establishment provisions of the
Greenspace Plan as required by Section VIII (C) of the Augusta-Richmond County Tree
Ordinance.
II. Calculations for Tree Protection and Tree Establishment Elements of a
Greenspace Plan
A. Standard – It must be demonstrated that land to be cleared for development or land being
proposed for development shall have, after development, not less than 1,000 tree quality
points per acre on a given site (Ref. Section VIII (F) of Augusta-Richmond County Tree
Ordinance). In order to receive tree quality points, any planted tree must be provided
with a minimum Tree Protection Zone based upon its mature size as defined in the tree
list. Trees that are to be preserved on a site must be protected (i.e. tree fences, no
grading, fill or vehicular encroachment) within an area that is defined by a diameter in
feet that is one and one half times the DBH of the tree in inches in order to qualify for
Tree Quality Points. For example:
A tree with a 40 inch DBH must be protected within a radius of 30 feet from the tree. (Refer to
Illustration 1: Tree Protection Zone)
40” x 1.5 = 60 foot diameter
Radius = ½ x diameter
= ½ x 60 = 30 feet
The area of this Tree Protection Zone is calculated as follows:
Area = (pi)(r)²
=3.141 (30)²
=2826.9 square feet
Guidelines for tree protection are found in Section V – IX of this guide.
Tree Quality Points quantify the relative value of one tree to another based on three
criteria:
1. Species Quality: This is a mixture of objective and subjective measures based
upon maintenance records, scientific research, and the experience of experts in
the field. The relative value of species has been determined specifically for the
Augusta area and environment. Species’ quality is ranked in order of increasing
desirability as Acceptable, Recommended, or Preferred.
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2. Space Requirement: This factor applies to trees that are retained on a site. Since
large diameter trees require proportionately larger areas to be set aside as a Tree
Protection Zone, Tree Quality Points are assigned in proportion to this space
requirement.
3. Expected Mature Value: For trees that are planted on a site, Tree Quality Points
assignment is in proportion to the potential size of the tree species and the
minimum planting space in which that species can develop in a safe and healthy
manner. The mature size is categorized in terms of small, medium, or large.
B. Method: For preserved trees, Tree Quality Points assignment is calculated by
multiplying the (DBH)² by the Tree Quality Points Factor. If the calculated Tree Quality Points is
less than that given for planted trees, then the greater number shall apply. The Tree Quality
Points Factors for preserved trees are as follows:
(DBH)² x (Quality Points Factor) = Tree Quality Points
Species Rating Quality Points Factor
Acceptable 0.2
Recommended 0.6
Preferred 1.4
*Landmark 2.1
*Landmark trees must be certified by the Department of Public Works.
For planted trees, Tree Quality Points assignment can be found on the following chart after
checking the tree species for desirability rating:
Mature Size Acceptable Recommended Preferred
Small 5 5,10,15,20,30 10,15,20,30,40
Medium 5 15,30 30,40,60,90
Large 15 40 40,90
C. Example Calculation: A restaurant is being planned. The number of Tree Quality
Points required for the site calculated by multiplying the area of the site by 1,000 (1.75 acres x
1,000 =1750 Tree Quality Points). The developer wishes to save six existing trees on the site.
The formula for calculating Tree Quality Points for preserved trees is: (DBH)² x (Quality Points
Factor) = Tree Quality Points. The calculation of Tree Quality Points that would accrue to the six
preserved trees is as follows:
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Note that the Quality Points Factor is provided for each species in the tree lists.
Tree #1 12” DBH Water Oak (12)² x 0.6 = 86.4 TQPs
Tree #2 16” DBH Loblolly Pine (16)² x 0.6 = 153.6 TQPs
Tree #3 10” DBH Loblolly Pine (10)² x 0.6 = 60.0 TQPs
Tree #4 16” DBH Loblolly Pine (16)² x 0.6 = 153.6 TQPs
Tree #5 8” DBH Red Maple (8)² x 0.6 = 38.4 TQPs
Tree #6 4” DBH Dogwood (4)² x 1.4 = 22.4 TQPs
Total 514.40 TQPs
*Note that the TQPs are less than what is given for planted trees, so the greater number will
apply.
The Developer must therefore plant enough trees on the site to make up the difference between
the 1750 required Tree Quality Points and the 514.40 points he will receive for preserved trees, or
1235.6 TQPs. The Tree Protection and Tree Establishment of the Greenspace Plan for the project
show that thirty-one new trees will be planted on the site for the street yard and parking lot
requirement.
Tree Symbol Species #Trees TQPs Total TQPs
Planted
CM Crepe Myrtle 12 x 40 480
WO Willow Oak 2 x 90 180
RM Red Maple 7 x 40 280
JM Japanese Maple 2 x 30 60
H Holly 2 x 30 60
GR Golden Rain Tree 6 x 30 180
Total TQPS 1240
Quality points are assigned to each tree to be planted by comparing the species rating to the size
at maturity. By adding the individual tree quality points of all thirty-one trees to be planted, it is
determined that the sum is 1240 TQPs. This exceeds the 1235.6 points needed so the Tree
Protection and Tree Establishment Elements of the Greenspace Plan are acceptable.
III. Tree Species Lists
The following pages list species by size classifications that shall be used to determine the
Quality Rating of trees to be preserved or planted as well as the quality points. Tree species or
cultivars not listed will be considered by the Tree Commission upon request and quality points
assigned accordingly.
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SECTION III
NATIVE TREE SPECIES LIST
LARGE TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Ash, Green Preferred 90 1.4
Fraxinys pennsylvanica
2. Ash, White Preferred 90 1.4
Fraxinus, americana
3. Basswood, White Recommended 40 0.6
(Linden)
Tilia heterophylla
4. Beech, American Preferred 90 1.4
Fagus, grandifolia
5. Birch, River Recommended 40 0.6
Betula nigra
“Dura-Heat”
6. Cedar, Eastern Red ** Preferred 40 2.0
Juniperus virginiana
7. Cypres, Bald Preferred 90 1.4
Taxodium distichum
8. Cypress, Pond Recommended 40 0.6
Taxodium ascendens
9 . Elm, American * Preferred 90 1.4
Ulmus americana
must be “Princeton” or “Jefferson” for new planting
10. Elm, Slippery Recommended 40 0.6
Ulmus rubra
11. Elm, Winged Recommended 40 0.6
Elmus alata
12. Hickory, Mockernut ** *** Recommended 40 0.6
Carya tomentosa
13. Hickory, Pignut ** *** Recommended 40 0.6
Carya glabra
* If cultivar “Princeton” is used, specie becomes “preferred” with appropriate increase in quality
points (90 points).
** Quality points for retention will be rewarded as shown provided tree is a minimum caliper of 4
inches. Less than that will be awarded the factor less 25%
*** Not recommended for parking lots
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NATIVE TREE SPECIES LIST
LARGE TREES (Continued)
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
14. Magnolia, Southern *** Preferred 90 1.4
Magnolia granifolia
15. Maple, Florida Preferred 90 1.4
Acer barbatum
16. Maple, Red Species *** Recommended 40 0.6
Acer rubrum
“Red Sunset”
“October Glory”
“Autumn Flame”
“Autumn Blaze”
“Drumondii”
“Summer Red”
17. Maple, Sugar Preferred 90 1.4
Acer saccharum
“Legacy”
18. Mulberry Red Acceptable 15 0.2
Morus rubra
19. Oak, Chestnut Preferred 90 1.4
Quercus prinus
20. Oak Darlington Recommended 60 0.6
Quercus hemispherica
21. Oak, Laurel Recommended 60 0.6
Quercus laurifolia
22. Oak, Live *** Preferred 90 1.4
* Quercus virginiana
23. Oak, Northern Red Preferred 90 1.4
Quercus rubra
24. Oak, Nuttall Preferred 90 1.4
Quercus nuttallii
25. Oak, Pin Preferred 90 1.4
Quercus palustris
26. Oak, Shumard Preferred 90 1.4
Quercus shumardii
27. Oak, Southern Red Preferred 90 1.4
Quercus falcata
*** Not recommended for parking lots
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NATIVE TREE SPECIES LIST
LARGE TREES (Continued)
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
28. Oak, Swamp Chestnut Preferred 90 1.4
Quercus mechauxii
29. Oak, Scarlet Preferred 90 1.4
Quercus coccinea
30. Oak, Water Recommended 40 0.6
Quercus Nigra
31. Oak, White Preferred 90 1.4
Quercus alba
32. Oak, Willow Preferred 90 1.4
Quercus, phellos
33. Pine, Loblolly *** Recommended 40 0.6
Pine taeda
34. Pine, Longleaf *** Recommended 40 0.6
Pinus palustris
35. Poplar, Yellow Preferred 90 1.4
Liriodendron tulipifera
36. Sourwood Recommended 40 0.6
Oxydendrum arboreum
37. Sugarberry (Hackberry) Recommended 40 0.6
Celtis laevigata
38. Sweetgum (seedless) Preferred 90 1.4
Liquidambar styraciflua
(Rotundiloba only for new planting)
39. Sycamore, American *** Recommended 40 0.6
Platanus occidentalis
40. Tupelo, Black (Blackgum) Preferred 90 1.4
Nyssa sylvatica 'forum’
*** Not recommended for parking lots or street yards
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SECTION III
NATIVE TREE SPECIES LIST
MEDIUM TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Carolina Silverbell Preferred 30 1.4
Halesia caroliniana
2. Holly, American Preferred 30 1.4
Ilex opaca
3. Hophornbeam, Eastern Preferred 60 1.4
Ostrya virginiana
4. Hornbeam, American Preferred 60 1.4
Carpinus caroliniana
5. Persimmon *** Recommended 15 0.6
Diospyros virginiana
6. Pine, Virginia *** Recommended 30 0.6
Pinus virginiana
7. Sassafras Recommended 30 0.6
Sassafras albidum
8. Sweetbay *** Preferred 60 1.4
Magnolia virginiana
*** Not recommended for parking lots or street yards
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SECTION III
NATIVE TREE SPECIES LIST
SMALL TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Buckeyes Recommended 10 0.6
Aesculus spp.
2. Devilwood Preferred 15 1.4
Osmanthus americanus
3. Dogwood, Flowering Preferred 20 1.4
Cornus florida
4. Downy Serviceberry Preferred 20 1.4
Amelanchier arborea
5. Hawthorn Preferred 20 1.4
Crataegus spp.
6. Loblolly Bay Recommended 5 0.6
Gordonia lasianthus
7. Maple, Chalkbark Preferred 20 1.4
Acer leucoderme
8. Redbay Recommended 5 0.6
Persia borbonia
9. Redbud, Eastern Preferred 20 1.4
Cercis canadensis
10. Red Cedar Preferred 40 1.4
Juniperus virginiana
“Burkii” or “Brodie”
11. Waxmyrtle Recommended 5 0.6
Myrica cerifera
12. Yaupon Holly Recommended 10 0.6
Ilex vomitoria
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SECTION III
ORNAMENTAL AND EXOTIC SPECIES LIST
LARGE TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Chinese Elm Preferred 90 1.4
Ulmus parvifolia
(all cultivers except “Drake”)
2. Cryptomeria *** Preferred 90 1.4
Cryptomeria japonica
3. Dawn Redwood Preferred 90 1.4
Metasequoia
glyptostroboides
4. Ginko Preferred 90 1.4
Ginko biloba
(male only)
5. Japanese Zelkova *** Recommended 40 0.6
Zelkova serrata
6. Pistacio Preferred 90 1.4
Pistacio chinensis
7. Deodora Cedar Preferred 40 1.4
(Cedrus Deodora)
*** Not recommended for landscape islands in parking lots
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SECTION III
ORNAMENTAL AND EXOTIC SPECIES LIST
MEDIUM TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. American Yellowood 60 1.4
Cladrastis Kentukea Preferred
2. Callery Pear Recommended 30 0.6
Pyrus calleryana
“Aristocrat”
3. Callery Pear Recommended 30 0.6
Pyrus calleryana
“ Cleveland Select”
4. Chinese Evergreen Oak Preferred 40 1.4
Quercus myrsinifolia
5. Foster Holly *** Preferred 30 1.4
Ilex opaca “fosteri”
6. Japanese Evergreen Oak Recommended 15 0.6
Quercus acuta
7. Savannah Holly *** Preferred 30 1.4
Ilex Opaca “Savannah”
8. Trident Maple Preferred 90 1.4
Acer buergeranum
10. Green Giant Aborvitae *** Preferred 90 1.4
(Thuja)
11. Parrotia Preferred 90 1.4
*** Not recommended for parking lots or streetyards
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SECTION III
ORNAMENTAL AND EXOTIC TREE SPECIES LIST
SMALL TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Blue Japanese Oak Recommended 5 0.6
Quercus glauca
2. Callaway Crabapple Recommended 5 0.6
Malus prunifolium
“Callaway” only
3. Cherry Plum Recommended 5 0.6
Prunus cerasifera
“Newport”
4. Chinese Fringetree Preferred 30 1.4
Chionanthsu retusus
5. Chinese Redbud Preferred 10 1.4
Cercis chinensis
6. Crepe Myrtle Preferred 40 1.4
Lagerstroemia
“Natchez”
“Tuscarom”
“Fantasy”
“Muscogee”
“Dynamite”
“Sioux”
7. Fragrant Tea Olive Recommended 15 0.6
Osmanthus fragrans
8. Golden Raintree * Preferred 30 1.4
Koelreuteria
paniculata or bipinata
9. Higan Cherry Recommended 5 0.6
Prunus subhirtella
10. Japanese Dogwood Preferred 30 1.4
Cornus Kousa
11. Japanese Maple Recommended 30 0.6
Acer palmatum
various cultivers
12. Lilac Chaste Spikenard Recommended 15 0.6
Vitex agnus-castus
* Not in parking lots
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SECTION III
ORNAMENTAL AND EXOTIC TREE SPECIES LIST
SMALL TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
13. Nellie R. Stevens Holly Recommended 10 0.6
Ilex aquifolium X cornuta
14. Okame Cherry * Preferred 15 1.4
Prunus
“X Okame”
15. Oriental Arborvitae Acceptable 5 0.2
Thuja orientalis
16. Sasanqua Camellia Recommended 10 0.6
Camellis sasanqua
17. Silky Stewartia Recommended 5 0.6
Stewartia malacodendron
18. Star Magnolia Recommended 10 0.6
Magnolia stellata
19. Taiwan Cherry Recommended 15 0.6
Prunus campanulata
20. Tea Olive Preferred 15 1.4
Osmanthus X fortunei
21. Tulip Tree Preferred 15 1.4
Magnolia X soulangiana
22. Yoshino Cherry Recommended 10 0.6
Prunus yoshino
* Not in parking lots
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SECTION III
TREES TO BE PLACED UNDER POWER LINES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. American Hophornbeam Preferred 90 1.4
Ostrya Virginiana
2. American Hornbeam Preferred 90 1.4
Carpinus Caroliniana
3. American Yellowood Preferred 90 1.4
Cladrastis Kentukea
4. Carolina Silverbell Preferred 90 1.4
Halesia Carolina
5. Chinese Fringe Tree Preferred 90 2.0
Chionanthus Retusus
6. Chinese Pistache Preferred 90 1.4
Pistacia Chinensis
7. Fringe Tree Preferred 90 2.0
Chionanthus Virginicus
8. Goldenrain Tree Preferred 90 1.4
Koelreuteria Paniculata
9. Hawthorn Preferred 90 1.4
Crataegus Species
10. Japanese Dogwood Preferrred 90 1.4
Cornus Kousa
11. Trident Maple Preferred 90 1.4
Acer Buergerianus
12. Crepe Myrtle Preferred 40 1.4
(except “Natchez”
or “Fantasy”)
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SECTION III
TREES TO BE PLACED UNDER HIGH TRAMSMISSION POWER LINES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Cornus Florida Recommended 40 0.6
Dogwood
2. Lagerstroemia Indica Preferred 90 1.4
(Except Natchez or Fantasy)
3. Ilex Vomitoria Preferred 40 1.4
Shadow’s Female
Yaupon Holly
4. Ilex Fosteri Preferred 40 1.4
Foster Holley
*** Not recommended for parking lots or streetyards
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IV. TREE AD SITE RELATED DISTURBACES
A. Trees protection zones, exceptional trees or stands of trees designated to be saved must
be protected from the following damages during all phases of land disturbances and
construction processes, in order to qualify for Tree Quality Points.
1. Direct physical root damage.
2. Indirect root damage.
3. Trunk and crown disturbances.
B. Direct physical root damage most frequently occurs during site clearing and grading
operations where transport or feeder roots are cut, torn, or removed.
1. Transport and absorptive roots tend to tangle and fuse among the roots of adjacent
trees, The removal of trees with heavy machinery along the outer periphery of a tree
save area can result in considerable damage within the tree save area.
2. The most substantial form of physical root damage for all root types occurs in the
form of cut roots. Roots are cut in grade reduction, or from trenching for
underground utilities, sanitary sewer, or storm sewer lines.
3. A more subtle form of root damage is the loss of absorptive roots. Absorptive roots
normally occur in the top four inches of soil, and can be damaged by any vehicular
traffic. The stripping of top soil within a tree’s critical root zone can totally eliminate
its feeder root system. Critical root zone is illustrated in illustration 3.
C. Indirect root damage through site modification can result from positive grade changes,
temporary storage of fill materials, the sedimentation of erosion materials, soil
compaction, and soil chemical changes.
1. Grade changes from fill and sedimentation causes a decrease in soil oxygen levels.
An increase in soil carbon dioxide and other toxic gases can also occur, leading to
large areas of anaerobic conditions. Anaerobic soil conditions cause a decrease in the
root respiration process which is essential for the uptake and transport of minerals
and nutrients.
2. Anaerobic soil conditions are also produced soil compaction, the increase in soil bulk
density with a decrease in soil pore space. Compacted soil is also impervious to root
penetration, and thus inhibits root development. Soil compaction is generally caused
by the weight and vibrations of heavy machinery, vehicle parking, and the storage of
fill and/or construction materials within the critical roots zones of trees.
3. Changes in soil chemistry will adversely affect tree survival. The most frequent
occurrence is the change (decrease) in soil acidity by concrete washout which is
highly basic. The leakage or spillage of toxic material such as fuels or paints can be
fatal to trees.
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D. Trunk and crown disturbances are generally mechanical in nature and are either caused
directly by clearing and grading machinery, or indirectly by debris being cleared and
falling into trees marked for protection.
1. Common forms of damages include stripped bark and cambium, split trunks, and
broken limbs.
2. Damage also occurs from the posting of signs such as building permits, or survey
markers on trees.
3. Indirect damage can be caused by the placement of burn holes or debris fires too
close to trees. The possible range of damages include scorched trunks with some
cambial dieback, the loss of foliage due to evaporative heat stress (leaf dessecation),
and completely burned trunks and crowns.
V. METHODS OF TREE PROTECTIO
A. Planning considerations. Tree space is the most critical factor in tree protection
throughout the development process. The root systems of trees can easily extend beyond
the drip line of the tree canopy. The root system within the drip line region is generally
considered to be the critical root zone. (Illustration 3). Disturbance within this zone can
directly affect a tree’s chances for survival. To protect these critical zones, the following
standards shall apply:
1. The minimum Tree Protection Zone, shall be an area centered on each tree with a
diameter in feet, equivalent to one and one half times the tree diameter in inches,
measured at breast height (Illustration 1). Provided, however, in no case shall the
area be less than the minimum Tree Protection Zone for a planted tree of the same
species found on Table 1, Section VIII (G.7) in the Tree Ordinance for Richmond
County, Georgia.
2. If more than one tree is included in one preserved area, the total minimum preserved
area shall include the minimum Tree Protection Zone for each tree in the preserved
area.
3. For initial clearing of the site, an additional area of not less than twenty feet (20) in
width shall be added to the perimeter of the Tree Protection Zones until approved tree
protection devices are erected.
4. Layout of the project site utility and grading plans should accommodate the required
Tree Protection Zones. Utilities must be placed along corridors between Tree
Protection Zones.
5. Construction site activities such as parking, materials storage, concrete washout, burn
hole placement, etc… shall be arranged so as to prevent disturbances within the Tree
Protection Zones.
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6. No disturbances shall cover within the Tree Protection Zone of trees or stands of
trees without prior approval by the Department of Public Works.
B. Protective Barriers
1. The minimum tree protection device shall be a fence constructed at and around the
perimeter of the Tree Protection Zone. Minimum fence height shall be four feet (4)
(Illustration 4). The Administrator shall approve protective fencing which provides
an adequate level of protection.
2. Tree protection devices shall be erected as soon as practical prior to the start of
construction and shall remain in place until final inspection and approval of the
project. Broken or dislodged tree protection devices shall be immediately repaired.
3. All Tree Protection Zones should be designated as such with “Tree Protection Zone”
signs posted visibly on all sides of the fenced in areas. These signs are intended to
inform subcontractors of the tree protection process. Signs requesting subcontractor
cooperation compliance with tree protection standards are recommended for site
entrances.
4. All designated Tree Protection Zones must be protected from the sedimentation of
erosion material.
a) Silt screening must be placed along the outer uphill edge of the Tree Protection
Zone. Minimum fence height shall be four feet (4) (Illustration 4). The
Administrator shall approve protective fencing which provides an adequate level
of protection.
b) Tree protection devices shall be erected as soon as practical prior to the start of
construction and shall remain in place until final inspection and approval of the
project. Broken or dislodged tree protection devices shall be immediately
repaired.
5. All tree fencing and erosion control barriers must be installed prior to and maintained
throughout the land disturbance process, and should not be removed until
landscaping is installed.
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VI. STADARDS FOR REMEDIAL TREE CARE
Refer to the following publications for remedial tree care:
1. Shigo, Alex L., Modern Arboriculture, Shigo and Trees, Associates, 1991
2. Tree Establishment and Protection Manual
You can find a copy at the following offices in Augusta, GA:
a) Georgia Forestry Commission
2615 Tobacco Road
Hephzibah, Georgia 30815
706-771-4922
b) Augusta-Richmond County Planning Commission
525 Telfair Street
Augusta, Georgia 30901
706-821-1796
c) University of Georgia Extension Service
602 Greene Street
Augusta, Georgia 30901
706-821-2349
VII. STADARDS FOR SELECTIG QUALITY PLATIG STOCK
Refer to the following publication for selection quality planting stock:
American Standard for Nursery Stock, American Association of Nurserymen, Inc., ANSI
Z60.1,1986
VIII. TRASPLATIG STADARDS
Refer to the following publications for transplanting information:
1. Tree and Shrub Transplanting Manual, International Society of Arborculture, 1990,
revision.
2. Tree Establishment and Protection Manual
This manual can be found at the referenced offices in Section VI, 2.
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IX. CRITERIA FOR LADMARK TREES.
The designation of a Landmark Tree shall be based upon an evaluation of the tree in relation to
the criteria set forth:
1. The tree is demonstrated to have an association with a documented historical event,
or is located on an historic site.
2. The tree has unusually high aesthetic value.
3. The tree is of unique character because of its age, species, variety, location, or
because of the size and development of its crown, trunk, or main stem.
4. The tree is free of contagious diseases, pests and other serious injury.
5. The tree has a life expectancy of more than ten years.
6. The tree is free from structural defects which would present a hazard to the public.
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APPEDIX
TECHICAL TERMS
1. Cambium – Tissue within the woody portion of trees and shrubs which gives rise to the
woody water and nutrient conducting system, and the energy substrate transport system
in trees. Cambium growth activity results in a tree’s radial development, i.e. increase in
diameter.
2. Cambial dieback – The irreparable radial or vertical interruption of a tree’s cambium,
usually caused by mechanical damage, such as “skinning bark”, or from excessive heat.
3. Absorptive roots – A complex system of small annual roots growing outward and
predominantly upward from the system of transport roots. These roots branch four or
more times to form fans or mats of thousands of fine, short, non-woody tips. Many of
these small roots and their multiple tips are 0.2 to 1 mm or less in diameter and less than
2 mm long. These roots constitute the major fraction of a tree’s root system surface area,
and are the primary sites of absorption of water and nutrients.
4. Root collar – The point of attachment of major woody roots to the tree trunk, usually at or
near the ground line and associated with a marked swelling of the tree trunk.
5. Root respiration – An active process occurring throughout the absorptive root system of
trees, and involving the consumption of oxygen and sugars with the release of energy and
carbon-dioxide. Root respiration facilitates the uptake and transport of minerals and
nutrients essential for tree survival.
6. Soil compaction – A change in soil physical properties which includes an increase in soil
weight per unit volume, and a decrease in soil pore space. Soil compaction is caused by
repeated vibrations, frequent traffic and weight. As related to tree roots, compacted soil
can cause physical damage, a decrease in soil oxygen levels and an increase in toxic
gases, and can be impervious to new root development.
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TITLE EIGHT
PLAIG & ZOIG
CHAPTER 1
FLOOD DAMAGE PREVETIO
ARTICLE 1
STATUTORY AUTHORIZATIO, FIDIGS OF FACT, PURPOSE AD OBJECTIVES
§ 8-1-1. STATUTORY AUTHORIZATIO.
Article IX, Section II of the Constitution of the State of Georgia and Section 36-1-20(a) of the
Official Code of Georgia Annotated have delegated the responsibility to local governmental units
to adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry. Therefore, the Augusta Commission of Augusta, Georgia does ordain the provisions of
this Chapter:
§ 8-1-2. FIDIGS OF FACT.
(a) The flood hazard areas of Augusta, Georgia are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood relief and protection,
and impairment of the tax base, all of which adversely affect the public health, safety and
general welfare.
(b) These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable
to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from
flood damages, and by the cumulative effect of obstructions in floodplains causing
increases in flood heights and velocities.
§ 8-1-3. STATEMET OF PURPOSE.
It is the purpose of this Chapter to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions designed
to:
(a) restrict or prohibit uses which are dangerous to health, safety and property due to water or
erosion hazards, or which increase flood heights, velocities, or erosion;
(b) require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(c) control the alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in the accommodation of flood waters;
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(d) control filling, grading, dredging and other development which may increase flood
damage or erosion, and;
(e) prevent or regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands.
§ 8-1-4. OBJECTIVES.
The objectives of this Chapter are:
(a) to protect human life and health;
(b) to minimize expenditure of public money for costly flood control projects;
(c) to minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(d) to minimize prolonged business interruptions;
(e) to minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in floodplains;
(f) to help maintain a stable tax base by providing for the sound use and development of
flood prone areas in such a manner as to minimize flood blight areas; and
(g) to insure that potential home buyers are notified that property is in a flood area.
§ 8-1-5. - - 8-1-9. RESERVED.
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ARTICLE 2
DEFIITIOS
§ 8-1-10. SPECIFIC DEFIITIOS.
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as
to give them the meaning they have in common usage and to give this Chapter its most reasonable
application:
(a) Addition (to an existing building). Any walled and roofed expansion to the perimeter
of a building in which the addition is connected by a common load-bearing wall other
than a fire wall. Any walled and roofed addition which is connected by a fire wall or is
separated by an independent perimeter load-bearing wall shall be considered "New
Construction".
(b) Appeal. A request for a review of the Executive Director's interpretation of any provision
of this Chapter or a request for a variance.
(c) Area of shallow flooding. A designated AO or AH Zone on a community's Flood
Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) feet, and/or
where a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be evident.
(d) Area of Special Flood Hazard. The land in the floodplain within a community subject
to a one (1) percent or greater chance of flooding in any given year. In the absence of
official designation by the Federal Emergency Management Agency, Areas of Special
Flood Hazard shall be those designated by the local community and referenced in Article
3, Section 8-1-17.
(e) Base flood. The flood having a one (1) percent chance of being equaled or exceeded in
any given year.
(f) Base Flood Elevation (BFE). The elevation shown on the Flood Insurance Rate Map
(FIRM) for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO,
V1-V30, and VE that indicates the water surface elevation resulting from a flood that has
a one percent change of equaling or exceeding that level in any given year.
(f) Basement. That portion of a building having its floor subgrade (below ground level) on
all sides.
(g) Building. Any structure built for support, shelter, or enclosure for any occupancy or
storage.
(h) City Engineer. The City Engineer for Augusta, GA.
(i) Commission. The Augusta Commission
(j) Critical Facilities. Any public or private facility, which, if flooded, would create an
added dimension to the disaster or would increase the hazard to life and health. Critical
facilities include:
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(1) structures or facilities that produce, use, or store highly volatile, flammable,
explosive, toxic, or water-reactive materials;
(2) hospitals and nursing homes, and housing for the elderly, which are likely to
contain occupants who may not be sufficiently mobile to avoid the loss of life or
injury during flood and storm events;
(3) emergency operation centers or data storage center which contain records or
services that may become lost or inoperative during flood and storm events; and
(4) generating plants, and other principal points of utility lines.
(k) Development. Any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavating, drilling operations, and permanent storage of materials or equipment.
(l) Elevated building. A non-basement building built to have the lowest floor of the lowest
enclosed area elevated above the ground level by means of fill, solid foundation perimeter
walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the
structural integrity of the building during a base flood event.
(m) Executive Director. The Executive Director of the Augusta Planning & Development
Department.
(m) Existing Construction. Any structure for which the "start of construction" commenced
before February 15, 1978 for the City of Augusta prior to consolidation and March 4,
1980 for the unincorporated areas of Richmond County prior to consolidation - the
effective date of the FIRST Floodplain Management Ordinance adopted by Augusta, GA
as a basis for Augusta's participation in the National Flood Insurance Program (NFIP).
(n) Existing manufactured home park or subdivision. A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum the installation of utilities,
the construction of streets, and final site grading or the pouring of concrete pads) is
completed before February 15, 1978 for the City of Augusta prior to consolidation and
March 4, 1980 for the unincorporated areas of Richmond County prior to consolidation -
the effective date of the FIRST Floodplain Management Ordinance adopted by Augusta
as a basis for Augusta's participation in the National Flood Insurance Program (NFIP).
(o) Expansion to an existing manufactured home park or subdivision. The preparation of
additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed, including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads.
(p) Flood or flooding. A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1) the overflow of inland or tidal waters; or
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
(q) Flood Hazard Boundary Map (FHBM). An official map of a community, issued by
the Federal Insurance Administration, where the boundaries of areas of Special Flood
Hazard have been defined as Zone A.
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(r) Flood Insurance Rate Map (FIRM). An official map of a community, issued by the
Federal Insurance Administration, delineating the areas of Special Flood Hazard and/or
risk premium zones applicable to the community.
(s) Flood Insurance Study. The official report by the Federal Insurance Administration
evaluating flood hazards and containing flood profiles and water surface elevations of the
base flood.
(t) Floodplain. Any land area susceptible to flooding.
(u) Floodproofing. Any combination of structural and non-structural additions, changes, or
adjustments to structures, which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
(v) Floodway. The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than a designated height.
(w) Floodway fringe, lower. The portion of the area of Special Flood Hazard that is located
between the limit of the floodway and a line connecting all points half the distance
between the floodway and the limit of the area of Special Flood Hazard.
(x) Floodway fringe, upper. The portion of the area of Special Flood Hazard that is located
between the lower floodway fringe and the boundary of the area of Special Flood Hazard.
(y) Floor. The top surface of an enclosed area in a building (including basement), i.e. top of
slab in concrete slab construction or top of wood flooring in wood frame construction.
The term does not include the floor of a garage used solely for parking vehicles.
(z) Functionally dependent facility. A facility which cannot be used for its intended
purpose unless it is located or carried out in close proximity to water, such as a docking or
port facility necessary for the loading and unloading of cargo or passengers, shipbuilding,
ship repair, or seafood processing facilities. The term does not include long-term storage,
manufacturing, sales or service facilities.
(aa) Highest adjacent grade. The highest natural elevation of the ground surface, prior to
construction, adjacent to the proposed foundation of a building.
(bb) Historic Structure. Any structure that is:
(1) listed individually in the National Register of Historic Places (a listing
maintained by the U.S. Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual listing on
the National Register;
(2) certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
(3) individually listed on a state inventory of historic places and determined as
eligible by states with historic preservation programs which have been approved
by the Secretary of the Interior; or
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(4) individually listed on a local inventory of historic places and determined as
eligible by communities with historic preservation programs that have been
certified either:
a) By an approved state program as determined by the Secretary of the
Interior; or
b) directly by the Secretary of the Interior in states without approved
programs.
(cc) Lowest floor. The lowest floor of the lowest enclosed area, including basement. An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage, in an area other than a basement, is not considered a building's lowest
floor, provided that such enclosure is not built so as to render the structure in violation of
other provisions of this Code.
(dd) Manufactured home. A building, transportable in one or more sections, built on a
permanent chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. The term also includes park trailers, travel trailers, and
similar transportable structures placed on a site for one hundred and eighty (180)
consecutive days or longer and intended to be improved property.
(ee) Mean Sea Level. The average height of the sea for all stages of the tide. It is used as a
reference for establishing various elevations within the floodplain. For purposes of this
Chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD).
(ff) ational Geodetic Vertical Datum (GVD). As corrected in 1929, is a vertical control
used as a reference for establishing varying elevations within the floodplain.
(gg) ew construction. (for purposes of determining insurance rates and for floodplain
management purposes) ANY structure (see definition) for which the "start of
construction" commenced after February 15, 1978 for the City of Augusta prior to
consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior
to consolidation - the effective date of the FIRST Floodplain Management Ordinance
adopted by Augusta, GA as a basis for Augusta's participation in the National Flood
Insurance Program (NFIP) - and includes any subsequent improvements to such
structure.
(hh) ew manufactured home park or subdivision . A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed on or after February 15, 1978 for the City of Augusta prior to
consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior
to consolidation - the effective date of the FIRST Floodplain Management Ordinance
adopted by Augusta, GA as a basis for Augusta's participation in the National Flood
Insurance Program (NFIP).
(ii) Recreational vehicle means a vehicle which is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) designed to be self-propelled or permanently towable by a light duty truck; and
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(4) designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
(jj) Start of construction. The date the Development Permit was issued, provided the actual
start of construction, repair, reconstruction, or improvement was within one hundred and
eighty (180) days of the permit date. The actual start means the first placement of
permanent construction of the structure such as the pouring of slabs or footings,
installation of piles, construction of columns, or any work beyond the stage of excavation,
and includes the placement of a manufactured home on a foundation. (Permanent
construction does not include initial land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the erection of temporary
forms; nor does it include the installation on the property of buildings appurtenant to the
permitted structure, such as garages or sheds not occupied as dwelling units or part of the
main structure. (NOTE: Accessory structures are NOT exempt from any ordinance
requirements) For a substantial improvement, the actual start of construction means the
first alteration of any wall, ceiling, floor, or other structural part of a building, whether or
not that alteration affects the external dimensions of the building.
(kk) Structure. A walled and roofed building that is principally above ground, a
manufactured home, a gas or liquid storage tank.
(ll) Substantial damage. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty (50)
percent of the market value of the structure before the damage occurred.
(mm) Substantial improvement. Any combination of repairs, reconstruction, alteration, or
improvements to a building, taking place during a five (5) year period, in which the
cumulative cost equals or exceeds fifty percent of the market value of the structure prior
to the improvement. The market value of the building should be:
(1) the appraised value of the structure prior to the start of the initial repair or
improvement; or
(2) in the case of damage, the value of the structure prior to the damage occurring. This
term includes structures which have incurred "substantial damage", regardless of the
actual amount of repair work performed.
For the purposes of this definition, "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the building.
The term does not, however, include those improvements of a building required to
comply with existing health, sanitary, or safety code specifications which are solely
necessary to assure safe living conditions, which have been pre-identified by the Code
Enforcement Official, and not solely triggered by an improvement or repair project.
(nn) Substantially improved existing manufactured home parks or subdivisions. Where
the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads
equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the
repair, reconstruction or improvement commenced.
(oo) Variance. A grant of relief from the requirements of this Chapter which permits
construction in a manner otherwise prohibited by this Chapter.
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(pp) Violation. The failure of a structure or other development to be fully compliant with the
community’s floodplain management regulations. A structure or other development
without the elevation certificate, or other certifications, or other evidence of compliance
required by this ordinance is presumed to be in violation until such time as that
documentation is provided.
§ 8-1-11. - - 8-1-15. RESERVED.
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ARTICLE 3
GEERAL PROVISIOS
§ 8-1-16. LADS TO WHICH THIS CHAPTER APPLIES.
This Chapter shall apply to all areas of Special Flood Hazard within the jurisdiction of Augusta,
Georgia.
§ 8-1-17. BASIS FOR ESTABLISHIG THE AREAS OF SP ECIAL FLOOD HAZARD.
The areas of Special Flood Hazard, identified by the Federal Emergency Management Agency in
its Flood Insurance Study (FIS), dated February 15, 1978 for the City of Augusta prior to
consolidation and March 4, 1980 for the unincorporated areas of Richmond County prior to
consolidation, with accompanying maps and other supporting data and any revision thereto, the
most recent revision being September 25, 2009, are adopted by reference and declared a part of
this Chapter.
Areas of Special Flood Hazard may also include those areas known to have flooded historically or
defined through standard engineering analysis by governmental agencies or private parties but not
yet incorporated in a FIS.
The Repository for public inspection of the Flood Insurance Study (FIS), accompanying maps and
other supporting data is located at 525 Telfair Street, Augusta, GA.
§ 8-1-18. ESTABLISHMET OF DEVELOPMET PERMIT
A Development Permit shall be required, in conformance with the provisions of this Chapter,
PRIOR to the commencement of any development activities.
§ 8-1-19. COMPLIACE.
No structure or land shall hereafter be located, extended, converted or altered without full
compliance with the terms of this Chapter and other applicable regulations.
§ 8-1-20. ABROGATIO AD GREATER RESTRICTIOS.
This Chapter is not intended to repeal, abrogate, or impair any existing ordinance, easements,
covenants, or deed restrictions. However, where this Chapter and another conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
§ 8-1-21. ITERPRETATIO.
In the interpretation and application of this Chapter all provisions shall be:
(a) considered as minimum requirements;
(b) liberally construed in favor of the Governing Body, and;
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(c) deemed neither to limit nor repeal any other powers granted under state statutes.
§ 8-1-22. WARIG AD DISCLAIMER OF LIABILITY.
The degree of flood protection required by this Chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur; flood heights may be increased by man-made or natural causes. This Chapter does not
imply that land outside the areas of Special Flood Hazard or uses permitted within such areas will
be free from flooding or flood damages. This Chapter shall not create liability on the part of
Augusta, GA, the Commission, and/or the Augusta Planning & Development Department or by any
officer or employee thereof for any flood damages that result from reliance on this Chapter or any
administrative decision lawfully made thereunder.
§ 8-1-23. EFORCEMET AD PEALTIES FOR VIOLATIO
Violation of the provisions of this Chapter or failure to comply with any of its requirements,
including violation of conditions and safeguards established in connection with grants of variance
or special exceptions shall be reported to the City Engineer. Once a violation is evident, the City
Engineer, acting on behalf of the Commission, shall be empowered to notify the owner in writing
of the apparent violation of this Chapter. The written notice shall direct the owner to cease the
development activity until such time as the requirements and procedures of this Chapter have been
met. Upon failure of the owner to comply with this notice, the City Engineer shall notify the City
Attorney of the violation; and the City Attorney shall immediately begin legal procedures in the
Superior Court of Richmond County to prevent, enjoin, abate or remove such violations in addition
to injunctive relief. All persons, firms or corporations failing to comply with the mandatory
provisions hereof or doing any act prohibited hereby shall be guilty of an offense and, upon
conviction thereof, be fined not more than one thousand dollars ($1,000.00) or imprisoned for not
more than sixty (60) days, or both, and, in addition, shall pay all costs and expenses involved in the
case. Each day such violation continues shall be considered a separate offense. Nothing contained
herein shall prevent the Commission from taking such other lawful action as is necessary to
prevent or remedy any violation.
§ 8-1-24 - - 8-1-28. RESERVED.
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ARTICLE 4
ADMIISTRATIO
§ 8-1-29. DESIGATIO OF EXECUTIVE DIRECTOR.
The Executive Director of the Augusta Planning & Development Department is hereby appointed
to administer and implement the provisions of this Chapter.
§ 8-1-30. PERMIT PROCEDURES.
Application for a Development Permit shall be made to the Executive Director on forms furnished
by the community PRIOR to any development activities, and may include, but not be limited to the
following: plans in duplicate drawn to scale showing the elevations of the area in question and the
nature, location, dimensions, of existing or proposed structures, earthen fill placement, storage of
materials or equipment, and drainage facilities.
Specifically, the following information is required:
(a) Application Stage -
(1) Elevation in relation to mean sea level (or highest adjacent grade) of the lowest
floor, including basement, of all proposed structures;
(2) Elevation in relation to mean sea level to which any non-residential structure will
be flood-proofed;
(3) Design certification from a registered professional engineer or architect that any
proposed non-residential flood-proofed structure will meet the flood-proofing
criteria of Article 5, Section 8-1-44(b);
(4) Description of the extent to which any watercourse will be altered or relocated as
a result of a proposed development, and;
(b) Construction Stage -
For all new construction and substantial improvements, the permit holder shall provide to
the Administrator an as-built certification of the regulatory floor elevation or flood-
proofing level immediately after the lowest floor or flood-proofing is completed. Any
lowest floor certification made relative to mean sea level shall be prepared by or under
the direct supervision of a registered land surveyor or professional engineer and certified
by same. When flood-proofing is utilized for non-residential structures, said certification
shall be prepared by or under the direct supervision of a professional engineer or architect
and certified by same.
Any work undertaken prior to submission of these certifications shall be at the permit
holder's risk.
The Executive Director shall review the above referenced certification data submitted.
Deficiencies detected by such review shall be corrected by the permit holder immediately
and prior to further progressive work being allowed to proceed. Failure to submit
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certification or failure to make said corrections required hereby, shall be cause to issue a
Stop-Work Order for the project.
§ 8-1-31. DUTIES AD RESPOSIBILITIES OF THE EXE CUTIVE DIRECTOR
Duties of the Executive Director shall include, but shall not be limited to:
(a) Review all Development Permits to assure that the permit requirements of this Chapter
have been satisfied;
(b) Review proposed development to assure that all necessary permits have been received
from governmental agencies from which approval is required by Federal or State law,
including Section 404 of the Federal Water Pollution Control Act Amendments of 1972,
33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file.
(c) Review all permit applications to determine whether proposed building sites will be
reasonably safe from flooding.
(d) When Base Flood Elevation data or floodway data have not been provided in accordance
with Article 3, Section 8-1-17, then the Executive Director shall obtain, review and
reasonably utilize any base flood elevation and floodway data available from a Federal,
State or other sources in order to administer the provisions of Article 5.
(e) Review and record the actual elevation in relation to mean sea level (or highest adjacent
grade) of the lowest floor, including basement, of all new or substantially improved
structures in accordance with Article 4, Section 8-1-30(b).
(f) Review and record the actual elevation, in relation to mean sea level to which any new or
substantially improved structures have been flood-proofed, in accordance with Article 4,
Section 8-1-30(b).
(g) When flood-proofing is utilized for a structure, the Executive Director shall obtain
certification of design criteria from a registered professional engineer or architect in
accordance with Article 4, Section 8-1-30(a)(3) and Article 5, Section 8-1-44(b) or
Article 5, Section 8-1-48(b).
(h) Make substantial damage determinations following a flood event or any other event that
causes damage to structures in flood hazard areas.
(i) Notify adjacent communities and the Georgia Department of Natural Resources prior to
any alteration or relocation of a watercourse and submit evidence of such notification to
the Federal Emergency Management Agency (FEMA).
(j) For any altered or relocated watercourse, submit engineering data/analysis within six (6)
months to the FEMA to ensure accuracy of community flood maps through the Letter of
Map Revision process. Assure flood carrying capacity of any altered or relocated
watercourse is maintained.
(k) Where interpretation is needed as to the exact location of boundaries of the Areas of
Special Flood Hazard (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions) the Executive Director shall make the
necessary interpretation. Any person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation as provided in this Chapter.
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(l) All records pertaining to the provisions of this Chapter shall be maintained in the office of
the Executive Director and shall be open for public inspection.
§ 8-1-32. VARIACE PROCEDURES
(a) The Zoning Board of Appeals as established by the Commission shall hear and decide
requests for appeals or variance from the requirements of this Chapter.
(b) The Zoning Board of Appeals shall hear and decide appeals when it is alleged an error in
any requirement, decision, or determination is made by the Executive Director in the
enforcement or administration of this Chapter.
(c) Any person aggrieved by the decision of the Zoning Board of Appeals may appeal such
decision to the Superior Court of Richmond County, Georgia, as provided in O.C.G.A.
Sec. 5-4-1; however all appeals shall be on record and shall not be de novo.
(d) Variances may be issued for the repair or rehabilitation of Historic Structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a Historic Structure and the variance is the minimum to preserve
the historic character and design of the structure.
(e) In reviewing such requests, the Zoning Board of Appeals shall consider all technical
evaluations, relevant factors, and all standards specified in this and other sections of this
Chapter, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the
community;
(5) The necessity to the facility of a waterfront location, in the case of a functionally
dependent facility;
(6) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated
development;
(8) The relationship of the proposed use to the Comprehensive Plan and Floodplain
Management Program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport of
floodwaters and the effects of wave action, if applicable, expected at the site; and
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(11) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water systems, and streets and bridges.
(f) Upon consideration of the factors listed above and the purposes of this Chapter, the
Zoning Board of Appeals may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this Chapter.
(g) Variances shall not be issued within any designated floodway, or lower floodway fringe,
if ANY increase in flood levels during the base flood discharge would result.
(h) Conditions for Variances:
(1) The provisions of this Chapter are minimum standards for flood loss reduction,
therefore any deviation from the standards must be weighed carefully. Variances
shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief; and, in the instance of
an Historic Structure, a determination that the variance is the minimum necessary
so as not to destroy the historic character and design of the building.
(2) A variance shall be issued ONLY when there is:
(a) a finding of good and sufficient cause,
(b) a determination that failure to grant the variance would result in
exceptional hardship, and;
(c) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisance, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
(3) Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the base flood elevation and the elevation of
the proposed lowest floor and stating that the cost of flood insurance will be
commensurate with the increased risk to life and property resulting from the
reduced lowest floor elevation.
(i) The Executive Director shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency upon request.
(j) Variances may be issued for development necessary for the conduct of a functionally
dependent use, provided the criteria of this Article are met, no reasonable alternative
exists, and the development is protected by methods that minimize flood damage during
the base flood and create no additional threats to public safety.
§ 8-1-33 - - 8-1-42. RESERVED.
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ARTICLE 5
PROVISIOS FOR FLOOD HAZARD REDUCTIO
§ 8-1-43. GEERAL STADARDS
In ALL Areas of Special Flood Hazard the following provisions are required:
(a) New construction and substantial improvements of existing structures shall be anchored to
prevent flotation, collapse or lateral movement of the structure;
(b) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to, use of over-the-top
or frame ties to ground anchors. This standard shall be in addition to and consistent with
applicable State requirements for resisting wind forces;
(c) New construction and substantial improvements of existing structures shall be constructed
with materials and utility equipment resistant to flood damage;
(d) New construction or substantial improvements of existing structures shall be constructed
by methods and practices that minimize flood damage;
(e) All heating and air conditioning equipment and components, all electrical, ventilation,
plumbing, and other service facilities shall be designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding;
(f) New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system;
(g) Replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into flood
waters;
(h) New on-site waste disposal systems shall be located within the Special Flood Hazard Area
per the provisions of the Georgia Onsite Wastewater Regulations;
(i) Any alteration, repair, reconstruction or improvement to a structure which is not
compliant with the provisions of this Chapter, shall be undertaken only if the non-
conformity is not furthered, extended or replaced; and
(j) Elevated Buildings - All new construction or substantial improvements of existing
structures that include ANY fully enclosed area located below the lowest floor formed by
foundation and other exterior walls shall be designed so as to be an unfinished or a flood
resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces
on exterior walls by allowing for the automatic entry and exit of floodwater.
(1) A minimum of two (2) openings that are installed no more than twelve (12)
inches above the higher of the final interior or exterior grade, and that are
installed in at least two different sides (preferably the sides in the direction of the
flow of floodwater) of each enclosed area, must be provided, where the
openings:
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(a) Have a total open net area of not less than one square inch for every square
foot of enclosed area Openings may be equipped with screens, louvers,
valves or other coverings or devices provided they are disabled in the open
position and also permit the automatic flow of floodwater in both
directions.; or
(b) Are individually certified by a design professional licensed to do design
work in the State of Georgia stating that the openings are designed to
automatically equalize hydrostatic flood loads on exterior walls by allowing
the automatic entry and exit of floodwaters in accordance with the American
Society of Civil Engineers – Flood Resistant Design and Construction
(ASCE 24) and that an appropriate number of vents are provided. A copy
of the Engineer’s Certification (signed and sealed) along with the applicable
section from the Flood Ordinance (this section) allowing for the use of these
engineered openings must be attached to the Elevation Certificate; or
(c) Are ICC-ES accepted engineered flood vents, and the appropriate number of
such vents are provided and installed in accordance with the manufacturer’s
specifications. A copy of the ICC-ES Evaluation Report along with the
applicable section from the Flood Ordinance (this section) allowing for the
use of these engineered flood vents must be attached to the Elevation
Certificate.
(2) So as not to violate the "Lowest Floor" criteria of this Chapter, the unfinished or
flood resistant enclosure shall only be used for parking of vehicles, limited
storage of maintenance equipment used in connection with the premises, or entry
to the elevated area; and
(3) The interior portion of such enclosed area shall not be partitioned or finished
into separate rooms.
(4) An attached garage may have its flood below the BFE provided the garage meets
all of the requirements for an enclosed area below the BFE, including, but not
limited to, the installation of openings that meet Section 8-1-43-(j)-(1) above.
Opens may be installed in garage doors; however, garage doors do not meet the
requirement for openings. The use of the garage space must be limited to parking
of vehicles, building access and storage. Section 8-1-43-(j)-(3), above, must be
strictly adhered to. Flood damage-resistant materials must be used below the
BFE and all utilities must be elevated to be three (3) feet above the BFE.
(5) Crawlspaces that are below-grade on all sides (basements) are not allowed.
(6) Detached garages and detached storage building are allowed, without the
requirement to elevate to three (3) feet above the BFE in AE zones, or three (3)
feet above the highest adjacent grade in A zones, if they comply with all of the
requirements for enclosures:
(a) must be used for parking of vehicles and storage only;
(b) must be constructed of flood damage-resistant materials below the area
that is three (3)feet above the BFE;
(c) all utilities must be elevated to be three (3) feet above the BFE;
(d) the requirements for flood openings that meet Section 8-1-43-(j)-(1)
above must be satisfied;
(e) must be anchored to resist floatation, collapse or lateral movement
under flood conditions.
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§ 8-1-44. SPECIFIC STADARDS
In ALL areas of Special Flood Hazard the following provisions are required:
(a) New construction and substantial improvements. Where base flood elevation data are
available, new construction or substantial improvement of any structure or manufactured
home shall have the lowest floor, including basement, elevated no lower than three (3)
feet above the base flood elevation. Should solid foundation perimeter walls be used to
elevate a structure, openings sufficient to facilitate the unimpeded movements of flood
waters shall be provided in accordance with standards of Article 5, Section 8-1-43(j),
"Elevated Buildings".
(1) All heating and air conditioning equipment and components (including
ductwork), all electrical, ventilation, plumbing, and other service facilities shall
be elevated at or above three (3) feet above the base flood elevation.
(b) Non-Residential Construction. New construction or the substantial improvement of any
structure located in A1-30, AE, or AH zones, may be flood-proofed in lieu of elevation.
The structure, together with attendant utility and sanitary facilities, must be designed to be
water tight to three (3) feet above the base flood elevation, with walls substantially
impermeable to the passage of water, and structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered
professional engineer or architect shall certify that the design and methods of construction
are in accordance with accepted standards of practice for meeting the provisions above,
and shall provide such certification to the official as set forth above and in Article 4,
Section 8-1-31(g).
(c) Standards for Manufactured Homes and Recreational Vehicles. Where base flood
elevation data are available:
(1) All manufactured homes placed or substantially improved on: (1) individual lots
or parcels, (2) in new or substantially improved manufactured home parks or
subdivisions, (3) in expansions to existing manufactured home parks or
subdivisions, or (4) on a site in an existing manufactured home park or
subdivision where a manufactured home has incurred "substantial damage" as
the result of a flood, must have the lowest floor including basement, elevated no
lower than three (3) feet above the base flood elevation.
(2) Manufactured homes placed or substantially improved in an existing
manufactured home park or subdivision may be elevated so that either:
(a) The lowest floor of the manufactured home is elevated no lower than
three (3) feet above the level of the base flood elevation, or
(b) The manufactured home chassis is elevated and supported by reinforced
piers (or other foundation elements of at least an equivalent strength) of
no less than 36 inches in height above grade.
(3) All manufactured homes must be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement. (ref. Article
5, Section 8-1-43(b) ).
(4) All recreational vehicles placed on sites must either:
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(a) Be on the site for fewer than 180 consecutive days.
(b) Be fully licensed and ready for highway use, (a recreational vehicle is
ready for highway use if it is licensed, on its wheels or jacking system,
attached to the site only by quick disconnect type utilities and security
devices, and has no permanently attached structures or additions), or
(c) The recreational vehicle must meet all the requirements for "New
Construction", including the anchoring and elevation requirements of
Article 5, Section 8-1-44(c)(1) and (3).
(d) Floodway. Located within areas of Special Flood Hazard established in Article 3,
Section 8-1-17, are areas designated as floodway. A floodway may be an extremely
hazardous area due to velocity flood waters, debris or erosion potential. In addition, the
area must remain free of encroachment in order to allow for the discharge of the base
flood without increased flood heights. Therefore, the following provisions shall apply:
(1) Encroachments are prohibited, including earthen fill, new construction, substantial
improvements or other development within the regulatory floodway. Development
may be permitted however, provided it is demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering practice that
the encroachment shall not result in any increase in flood levels or floodway widths
during a base flood discharge. A registered professional engineer must provide
supporting technical data and certification thereof.
(2) ONLY if Article 5, Section 8-1-44(d)(1) above is satisfied, then any new construction
or substantial improvement shall comply with all other applicable flood hazard
reduction provisions of Article 5.
(3) The placement of manufactured homes, except in an existing manufactured home
park or subdivision, shall be prohibited. A replacement manufactured home may be
placed on a lot in an existing manufactured home park or subdivision provided the
anchoring standards of § 8-1-43 (b) are met, and the elevation standards of § 8-1-44
(a) and the encroachments standards of subsection (1) of this Section are met.
(4) Removal of trees and other vegetation may not be a consideration in calculating the
effect of proposed encroachments on flood levels during the occurrence of the base
flood discharge.
(e) Floodway fringe, lower. Within the lower floodway fringe is the area between the
floodway and the upper floodway fringe that is lower than a lines one-half (1/2) the
distance between the floodway and the boundary of the area of Special Flood Hazard.
The lower floodway fringe is a transitional area that is hazardous due to its proximity to
the floodway and encroachment by fill or development within this area could have serious
impact on the entire floodplain. The following provisions shall apply with the lower
floodway fringe:
(1) Encroachments, including fill, new construction, substantial improvements and
other developments shall be prohibited unless certification by a registered
professional engineer, with supporting technical data, is provided to the
Executive Director demonstrating that encroachments shall not result in any
increase in flood levels during occurrence of base flood discharge;
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(2) If Article 5, Section 8-1-44(d)(1) is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Article 5.
(3) The placements of manufactured homes, except in an existing manufactured
home park or subdivision, shall be prohibited. A replacement manufactured
home may be placed on a lot in an existing manufactured home park or
subdivision provided the anchoring standards of Article 5, Section 8-1-43(b),
and the elevation standards of Article 5, Section 8-1-44(a), and the
encroachment standards of Article 5, Section 8-1-44(d)(1) are met.
(4) Removal of trees and other vegetation may not be a consideration in calculating
the effect of proposed encroachments on flood levels during the occurrence of
the base flood discharge.
(k) Large Tracts. If a tract contains over one (1) acre located within the area of Special Flood
Hazard, then development or land disturbance on that portion of the tract located within
the Special Flood Hazard area shall comply with the standards for lower floodway fringe
set forth in § 8-1-44 (e).
(l) Other area unsuitable for development. Land subject to flooding that is not located within
a mapped area of Special Flood Hazard may, at the discretion of the Executive Director
or City Engineer, be required to comply with any or all standards set forth in this Chapter.
(m) Grading in the area of the Special Flood Hazard. Grading (including excavating, filling,
or any culmination thereof) shall be prohibited in the area of the Special Flood Hazard
except for the following:
(1) Minimum land disturbing activities such as home gardens and individual home
landscaping, repairs, maintenance work and other related activities;
(2) Agricultural practices involving the establishment, cultivation or harvesting or
products of the field or orchard, preparing and planting of pasture land, forestry
land management practices including harvesting (where stumps are not
removed), farm ponds, dairy operations, livestock and poultry management
practices and the construction of farm buildings.
(3) Projects permitted by or carried out under the technical supervision of the U.S.
Department of Agriculture, U.S. Army Corps of Engineers, or any other agency
of the U.S. Government;
(4) Cemetery graves;
(5) Excavation for wells or tunnels or utilities;
(6) Approved mining, quarrying, stockpiling of rock, sand, gravel aggergrates or
clay where established and provided for by law;
(7) Exploratory excavations under the direction of soils engineers or engineering
geologists;
(8) Where consistent with other provisions of this Chapter, minimum grading for
land development or construction which does not result in topographic changes
greater than two (2) feet at any location and which is not for the sole purpose of
elevating structures pursuant to Article 5, Section 8-1-44(a) and Article 5,
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Section 8-1-44(b) of this Chapter. In no case, shall fill be transported into the
area of Special Flood Hazard.
(a) Detention ponds and retention ponds are exempt from the provisions 8-
1-44-(m)-(8), provided it is demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice that the encroachment by the detention pond or retention pond
shall not result in any increase in flood levels or floodway widths
during a base flood discharge. A registered professional engineer must
provide supporting technical data and certification thereof.
(1) Under no circumstances shall a detention pond or a retention
pond be located in the area of Special Flood Hazard.
(9) Construction activities at existing Industrial Sites which were developed before
the effective date of the FIRST Floodplain Management Ordinance adopted by
Augusta, GA as a basis for Augusta's participation in the National Flood
Insurance Program (NFIP), such as dikes, ditches and ponds.
(n) As-built Drawings and Certification. Within the area of the Special Flood Hazard, as-
built drawings and certifications shall be provided by a registered professional engineer
and/or a registered land surveyor pursuant to 8-1-30(b) and 8-1-44(b) of this Ordinance
and also when required by the Site Plan Regulations or the Subdivision Regulations. As-
built drawings and certifications may be required in other situations at the discretion of
the Executive Director.
§ 8-1-45. BUILDIG STADARDS FOR STREAMS WITHOUT ESTABLISHED BASE
FLOOD ELEVATIOS AD/OR FLOODWAYS (A-ZOES).
Located within the Areas of Special Flood Hazard established in Article 3, Section 8-1-17, where
streams exist but no base flood data have been provided (A-Zones), OR where base flood data
have been provided but a Floodway has not been delineated, the following provisions apply:
(a) No encroachments, including structures or fill material, shall be located within an area
equal to five (5) times the width of the stream or twenty (20) feet, whichever is greater,
measured from the top of the stream bank, unless certification by a registered professional
engineer is provided demonstrating that such encroachment shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
(b) In Special Flood Hazard Areas without base flood elevation data, new construction and
substantial improvements of existing structures shall have the lowest floor of the lowest
enclosed area (including basement) elevated no less than three (3) feet above the highest
adjacent grade at the building site. Openings sufficient to facilitate the unimpeded
movements of flood waters shall be provided in accordance with standards of Article 5,
Section 8-1-43(j), "Elevated Buildings".
(1) All heating and air conditionaing equipment and components (including
ductwork), all electrical, ventilation, plumbing, and other service facilities shall
be elevated no less than three (3) feet above the highest adjacent grade at the
building site.
The Executive Director shall certify the lowest floor elevation level and the record shall
become a permanent part of the permit file.
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(c) When base flood elevation data or floodway data have not been provided in accordance
with Article 3, Section 8-1-17, then the Executive Director shall obtain, review, and
reasonably utilize any scientific or historic base flood elevation and floodway data
available from a Federal, State, or other source, in order to administer the provisions of
Article 5. ONLY if data are not available from these sources, then the provisions of (a)
and (b) of this Section shall apply.
§ 8-1-46. STADARDS FOR SUBDIVISIOS.
(a) All subdivision and/or development proposals shall be consistent with the need to
minimize flood damage;
(b) All subdivision and/or development proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed to minimize flood
damage;
(c) All subdivision and/or development proposals shall have adequate drainage provided to
reduce exposure to flood hazards, and;
(d) For subdivisions and/or developments greater than fifty lots or five acres, whichever is
less, base flood elevation data shall be provided for subdivision proposals and all other
proposed development, including manufactured home parks and subdivisions. Any
changes or revisions to the flood data adopted herein and shown on the FIRM shall be
submitted to FEMA for review as a Conditional Letter of Map Revision (CLMOR) or
Conditional Letter of Map Amendment (CLOMA), whichever is applicable. Upon
completion of the project, the developer is responsible for submitting the “as-built” data
to FEMA in order to obtain the final Letter of Map Revision (LOMR).
§ 8-1-47. STADARDS FOR AREAS OF SHALLOW FLOODIG (AO ZOES).
Areas of Special Flood Hazard established in Article 3, Section 8-1-17, may include designated
"AO" shallow flooding areas. These areas have base flood depths of one to three feet (1'-3') above
ground, with no clearly defined channel. The following provisions apply:
(a) All new construction and substantial improvements of residential and non-residential
structures shall have the lowest floor, including basement, elevated to the flood depth
number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent
grade. If no flood depth number is specified, the lowest floor, including basement, shall
be elevated at least three feet (3) above the highest adjacent grade. Openings sufficient to
facilitate the unimpeded movements of flood waters shall be provided in accordance with
standards of Article 5, Section 8-1-43(j), "Elevated Buildings".
The Executive Director shall certify the lowest floor elevation level and the record shall
become a permanent part of the permit file.
(b) New construction or the substantial improvement of a non-residential structure:
(1) Shall have the lowest floor, including basement, elevated to the flood depth
number specified on the Flood Insurance Rate Map (FIRM), above the highest
adjacent grade. If no flood depth number is specified, the lowest floor, including
basement, shall be elevated at least three feet (3) above the highest adjacent
grade.
Corrected 8-1-46(d) typo – to read: For subdivisions and/or developments greater than fifty lots or five
acres,
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(2) May be flood-proofed in lieu of elevation. The structure, together with attendant
utility and sanitary facilities, must be designed to be water tight to the specified
FIRM flood level plus one (1) foot, above highest adjacent grade, with walls
substantially impermeable to the passage of water, and structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the
effect of buoyancy. A registered professional engineer or architect shall certify
that the design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions above, and shall provide such
certification to the official as set forth above and as required in Articles 4,
Section 8-1-30(a)(3) and Article 4, Section 8-1-30(b).
(c) Drainage paths shall be provided to guide floodwater around and away from any proposed
structure.
§ 8-1-48 STADARDS FOR AREAS OF SPECIAL FLOOD H AZARD (ZOES AE) WITH
ESTABLISHED BASE FLOOD ELEVATIOS WITHOUT DESIGATE D
FLOODWAYS
Located within the Areas of Special Flood Hazard established in Article 3, Section 8-1-17, where
streams with base flood elevations are provided but no floodways have been designated, (Zone
AE) the following provisions apply:
(a) No encroachments, including fill material, new structures or substantial improvements
shall be located within Special Flood Hazard Areas, unless certification by a registered
professional engineer is provided deomonstrating that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more than
one foot at any point within the community. The engineering certification should be
supported by technical data that conforms to standard hydraulic engineering principles.
(b) New construction or substantial improvements of buildings shall be elevated or flood-
proofed to elevations established in accordance with Article 5, Section 8-1-44.
§ 8-1-49 STADARDS FOR CRITICAL FACILITIES
(a) Critical facilities shall not be located in the 100 year floodplain or the 500 year
floodplain.
(b) All ingress and egress from any critical facility must be protected to the 500 year flood
elevation.
§ 8-1-50. RESERVED.
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§ 8-1-51. SEVERABILITY
If any Section, clause, sentence, or phrase of this Chapter is held to be invalid or unconstitutional
by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining
portions of this Chapter.
Section 2. This Chapter shall become effective upon adoption.
Section 3. All Ordinances or parts of Ordinances in conflict with this Chapter are hereby repealed.
Duly adopted by the Augusta Commission this __________ day of ____________________, 20____.
AUGUSTA COMMISSION
___________________________________
Mayor
ATTEST:
__________________________________
Clerk of Commission
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Soil Erosion, Sedimentation and Pollution Control Ordinance
NOW, THEREFORE, BE IT ORDAINED, BY THE AUGUSTA COMMISSION, AND IT IS
HEREBY ORDAINED BY AUTHORITY OF SAME, AS FOLLOWS
SECTIO I
TITLE
This Ordinance will be known as "Augusta Georgia Soil Erosion, Sedimentation and Pollution
Control Ordinance.”
SECTIO II
DEFIITIOS
The following definitions shall apply in the interpretation and enforcement of this Ordinance,
unless otherwise specifically stated:
1. Best Management Practices (BMPs): These include sound conservation and
engineering practices to prevent and minimize erosion and resultant sedimentation, which
are consistent with, and no less stringent than, those practices contained in the “Manual
for Erosion and Sediment Control in Georgia” published by the Commission as of
January 1 of the year in which the land-disturbing activity was permitted.
2. Board: The Board of Natural Resources.
3. Buffer: The area of land immediately adjacent to the banks of state waters in its natural
state of vegetation, which facilitates the protection of water quality and aquatic habitat.
4. Certified Personnel: A person who has successfully completed the appropriate
certification course approved by the Georgia Soil and Water Conservation Commission
(GSWCC).
5. Commission: The Georgia Soil and Water Conservation Commission (GSWCC).
6. CPESC: Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation
registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.
7. Cut: A portion of land surface or area from which earth has been removed or will be
removed by excavation; the depth below original ground surface to the excavated surface.
Also known as “excavation”.
8. Department: The Georgia Department of Natural Resources (DNR).
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9. Design Professional: A professional licensed by the State of Georgia in the field of:
engineering, architecture, landscape architecture, forestry, geology, or land surveying; or
a person that is a Certified Professional In Erosion and Sediment Control (CPESC) with a
current certification by Certified Professional in Erosion and Sediment Control, Inc.
10. Developer: Refers to the person or persons, corporation, or other business
applying for a permit to undertake land-disturbing activity and performing
development within the scope of this Ordinance.
11. Development: Refers to any activity which would alter the elevation of the land,
remove or destroy plant life, cause structure of any kind to be installed, erected, or
removed, or a change of any kind from conditions existing as of the effective date of this
Ordinance unless such activity is exempted under §7-3-33.
12. Director: The Director of the Environmental Protection Division or an authorized
representative.
13. District: The Brier Creek Soil and Water Conservation District.
14. Division: The Environmental Protection Division (EPD) of the Georgia Department of
Natural Resources (DNR).
15. Drainage Structure: A device composed of a virtually nonerodible material such as
concrete, steel, plastic or other such material that conveys water from one place to
another by intercepting the flow and carrying it to a release point for storm-water
management, drainage control, or flood control purposes.
16. Erosion: The process by which land surface is worn away by the action of wind, water,
ice or gravity.
17. Erosion, Sedimentation and Pollution Control Plan: A plan required by the
Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum,
protections at least as stringent as the State General Permit, best management practices,
and requirements in Section IV.C. of this Ordinance.
18. Existing Grade: The vertical location of the existing ground surface prior to any
grading, excavation or filling.
19. Fill: A portion of land surface to which soil or other solid material has been added; the
depth above the original ground surface or an excavation.
20. Final Stabilization: All soil disturbing activities at the site have been completed, and
that for unpaved areas and areas not covered by permanent structures and areas located
outside the waste disposal limits of a landfill cell that has been certified by EPD for waste
disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a
density of 70% or greater, or equivalent permanent stabilization measures (such as the
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use of rip-rap, gabions, permanent mulches or geotextiles) have been used. Permanent
vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of perennial
vegetation appropriate for the time of year and region; or a crop of annual vegetation and
a seeding of target crop perennials appropriate for the region. Final stabilization applies
to each phase of construction.
21. Finished Grade: The final elevation and contour of the ground after cutting or filling
and conforming to the proposed design.
22. Grading: Altering the shape of ground surfaces to a predetermined condition; this
includes stripping, cutting, filling, stockpiling and shaping or any combination thereof
and shall include the land in its cut or filled condition.
23. Ground Elevation: The original elevation of the ground surface prior to cutting or
filling.
24. Land-Disturbing Activity: Any activity which may result in soil erosion from water or
wind and the movement of sediments into state waters or onto lands within the state,
including, but not limited to, clearing, dredging, grading, excavating, transporting, and
filling of land but not including agricultural practices as described in Section III,
Paragraph 5.
25. Larger Common Plan of Development or Sale: A contiguous area where multiple
separate and distinct construction activities are occurring under one plan of development
or sale. For the purposes of this paragraph, “plan” means an announcement; piece of
documentation such as a sign, public notice or hearing, sales pitch, advertisement,
drawing, permit application, zoning request, or computer design; or physical demarcation
such as boundary signs, lot stakes, or surveyor markings, indicating that construction
activities may occur on a specific plot.
26. Local Issuing Authority: The governing authority of any county or municipality
which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. The LIA in Augusta is the
Executive Director of the Augusta-Richmond County Planning Commission. The
Augusta Engineering Department is an extension of the LIA with respect to plan review
and enforcement.
27. Metropolitan River Protection Act (MRPA): A state law referenced as O.C.G.A.
12-5-440 et. seq., which addresses environmental and developmental matters in certain
metropolitan river corridors and their drainage basins.
28. Mulching: Refers to the application of plant or other suitable materials in the soil
surface to conserve moisture, hold soil in place, and aid in establishing plant cover.
29. Natural Ground Surface: The ground surface in its original state before any grading,
excavation or filling.
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30. Nephelometric Turbidity Units (NTU): Numerical units of measure based upon
photometric analytical techniques for measuring the light scattered by finely divided
particles of a substance in suspension. This technique is used to estimate the extent of
turbidity in water in which colloidally dispersed or suspended particles are present.
31. Notice of Intent (NOI): A Notice of Intent form provided by EPD for coverage under
the State General Permit.
32. Notice of Termination (NOT): A Notice of Termination form provided by EPD to
terminate coverage under the State General Permit.
33. One Hundred Year Floodplain / 1% Annual Chance Floodplain / Special
Flood Hazard Area (SFHA): The area that is subject to flooding by the 1% annual
chance flood (the flood that has a 1% chance of being equaled or exceeded in any given
year).
34. Operator: The party or parties that have: (A) operational control of construction project
plans and specifications, including the ability to make modifications to those plans and
specifications; or (B) day-to-day operational control of those activities that are necessary
to ensure compliance with an erosion, sedimentation and pollution control plan for the
site or other permit conditions, such as a person authorized to direct workers at a site to
carry out activities required by the erosion, sedimentation and pollution control plan or to
comply with other permit conditions.
35. Outfall: The location where storm water in a discernible, confined and discrete
conveyance, leaves a facility or site, or if there is a receiving water on site, becomes a
point source discharging into that receiving water.
36. Permit: The authorization necessary to conduct a land-disturbing activity under the
provisions of this Ordinance.
37. Person: Any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility,
cooperative, state agency, municipality or other political subdivision of the State of
Georgia, any interstate body or any other legal entity.
38. Phase or Phased: Sub-parts or segments of construction projects where the sub-part or
segment is constructed and stabilized prior to completing construction activities on the
entire construction site.
39. Planning Commission: The Augusta-Richmond County Planning Commission.
40. Project: The entire proposed development project regardless of the size of the area of
land to be disturbed.
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41. Properly Designed: Designed in accordance with the design requirements and
specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
(Manual) published by the Georgia Soil and Water Conservation Commission (GSWCC)
as of January 1 of the year in which the land-disturbing activity was permitted and
amendments to the Manual as approved by the Commission up until the date of NOI
submittal.
42. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch, composed
of a virtually non-erodible material such as concrete, steel, plastic, or other such material
that conveys water under a roadway by intercepting the flow on one side of a traveled
roadway consisting of one or more defined lanes, with or without shoulder areas, and
carrying water to a release point on the other side.
43. Sediment: Solid material, both organic and inorganic, that is in suspension, is being
transported, or has been moved from its site of origin by wind, water, ice, or gravity as a
product of erosion.
44. Sedimentation: The process by which eroded material is transported and deposited by
the action of water, wind, ice or gravity.
45. Soil and Water Conservation District Approved Plan: An erosion, sedimentation
and pollution control plan approved in writing by the Brier Creek Soil and Water
Conservation District.
46. Soil Erosion, Sedimentation and Pollution Control Measures: Refers to
mechanical measures used to reshape the land to intercept, divert, convey, retard, or
otherwise control runoff, including, but not limited to, land grading, bench terraces,
subsurface drains, diversions, berms, storm sewers, outlets, waterway stabilization
structures, lines channels, sediment and debris basin, and stream channel and bank
stabilization; and vegetative measures to provide temporary cover to help control erosion
during construction and permanent cover to stabilize the site after construction is
complete.
47. Stabilization: The process of establishing an enduring soil cover of vegetation by the
installation of temporary or permanent structures for the purpose of reducing to a
minimum the erosion process and the resultant transport of sediment by wind, water, ice
or gravity.
48. State General Permit: The National Pollution Discharge Elimination System
(NPDES) General Permit or permits for stormwater runoff from construction activities as
is now in effect or as may be amended or reissued in the future pursuant to the state’s
authority to implement the same through federal delegation under the Federal Water
Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of
Code Section 12-5-30.
Attachment number 18
Page 5 of 24
Item # 5
6
49. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds,
drainage systems, springs, wells, and other bodies of surface or subsurface water, natural
or artificial, lying within or forming a part of the boundaries of Georgia which are not
entirely confined and retained completely upon the property of a single individual,
partnership, or corporation.
50. Structural Erosion, Sedimentation and Pollution Control Practices: Practices
for the stabilization of erodible or sediment producing areas by utilizing the mechanical
properties of matter for the purpose of either changing the surface of the land or storing,
regulating or disposing of runoff to prevent excessive sediment loss. Examples of
structural erosion and sediment control practices are riprap, sediment basins, dikes, level
spreaders, waterways or outlets, diversions, grade stabilization structures and sediment
traps, etc. Such practices can be found in the publication Manual for Erosion and
Sediment Control in Georgia.
51. Trout Streams: All streams or portions of streams within the watershed as designated
by the Wildlife Resources Division of the Georgia Department of Natural Resources
under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20 in the
rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org.
Streams designated as primary trout waters are defined as water supporting a self-
sustaining population of rainbow, brown or brook trout. Streams designated as secondary
trout waters are those in which there is no evidence of natural trout reproduction, but are
capable of supporting trout throughout the year. First order trout waters are streams into
which no other streams flow except springs.
52. Vegetative Erosion and Sedimentation Control Measures: Measures for the
stabilization of erodible or sediment producing areas by covering the soil with:
a. Permanent seeding, sprigging or planting, producing long-term vegetative
cover, or
b. Temporary seeding, producing short-term vegetative cover, or
c. Sodding, covering areas with a turf of perennial sod forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment
Control in Georgia.
53. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch,
canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows
either continuously or intermittently and which has a definite channel, bed and banks, and
including any area adjacent thereto subject to inundation by reason of overflow or
floodwater.
54. Wetlands: Those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do
support a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas.
Attachment number 18
Page 6 of 24
Item # 5
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SECTIO III
EXEMPTIOS
This Ordinance shall apply to any land disturbing activity undertaken by any person on any land
except for the following:
1. Surface mining, as the same is defined in O.C.G.A. 12-4-72, "The Georgia
Surface Mining Act of 1968";
2. Granite quarrying and land clearing for such quarrying;
3. Such minor land-disturbing activities as home gardens and individual home
landscaping, repairs, maintenance work, fences, and other related activities which
result in minor soil erosion;
4. The construction of single-family residences, when such construction disturbs less
than one (1) acre and is not a part of a larger common plan of development or sale
with a planned disturbance of equal to or greater than one (1) acre and not
otherwise exempted under this paragraph; provided, however, that construction of
any such residence shall conform to the minimum requirements as set forth in
O.C.G.A. 12-7-6 and this paragraph. For single-family residence construction
covered by the provisions of this paragraph, there shall be a buffer zone between
the residence and any state waters classified as trout streams pursuant to Article 2
of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone,
no land-disturbing activity shall be constructed between the residence and the
point where vegetation has been wrested by normal stream flow or wave action
from the banks of the trout waters. For primary trout waters, the buffer zone shall
be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted.
For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but
the Director may grant variances to no less than 25 feet. Regardless of whether a
trout stream is primary or secondary, for first order trout waters, which are
streams into which no other streams flow except for springs, the buffer shall be at
least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The
minimum requirements of subsection (b) of O.C.G.A. 12-7-6 and the buffer zones
provided by this paragraph shall be enforced by the Local Issuing Authority;
5. Agricultural operations as defined in O.C.G.A. 1-3-3, "definitions", to include
raising, harvesting or storing of products of the field or orchard; feeding, breeding
or managing livestock or poultry; producing or storing feed for use in the
production of livestock, including but not limited to cattle, calves, swine, hogs,
goats, sheep, and rabbits or for use in the production of poultry, including but not
limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals;
the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and
apiarian products; farm buildings and farm ponds;
Attachment number 18
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Item # 5
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6. Forestry land management practices, including harvesting; provided, however,
that when such exempt forestry practices cause or result in land-disturbing or
other activities otherwise prohibited in a buffer, as established in paragraphs (15)
and (16) of Section IV C. of this Ordinance, no other land-disturbing activities,
except for normal forest management practices, shall be allowed on the entire
property upon which the forestry practices were conducted for a period of three
years after completion of such forestry practices;
7. Any project carried out under the technical supervision of the Natural Resources
Conservation Service of the United States Department of Agriculture;
8. Any project involving less than one (1) acre of disturbed area; provided, however,
that this exemption shall not apply to any land-disturbing activity within a larger
common plan of development or sale with a planned disturbance of equal to or
greater than one (1) acre or within 200 feet of the bank of any state waters, and for
purposes of this paragraph, “State Waters” excludes channels and drainage ways
which have water in them only during and immediately after rainfall events and
intermittent streams which do not have water in them year- round; provided,
however, that any person responsible for a project which involves less than one
(1) acre, which involves land-disturbing activity, and which is within 200 feet of
any such excluded channel or drainage way, must prevent sediment from moving
beyond the boundaries of the property on which such project is located and
provided, further, that nothing contained herein shall prevent the Local Issuing
Authority from regulating any such project which is not specifically exempted by
paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10 of this section;
9. Construction or maintenance projects, or both, undertaken or financed in whole
or in part, or both, by the Department of Transportation, the Georgia Highway
Authority, or the State Road and Tollway Authority; or any road construction or
maintenance project, or both, undertaken by any county or municipality;
provided, however, that construction or maintenance projects of the Department
of Transportation or the State Road and Tollway Authority which disturb one (1)
or more contiguous acres of land shall be subject to provisions of O.C.G.A. 12-7-
7.1; except where the Department of Transportation, the Georgia Highway
Authority, or the State Road and Tollway Authority is a secondary permittee for a
project located within a larger common plan of development or sale under the
state general permit, in which case a copy of a notice of intent under the state
general permit shall be submitted to the Local Issuing Authority; the Local
Issuing Authority shall enforce compliance with the minimum requirements set
forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be
subject to the same penalties as violations by permit holders;
10. Any land-disturbing activities conducted by any electric membership corporation
or municipal electrical system or any public utility under the regulatory
jurisdiction of the Public Service Commission, any utility under the regulatory
Attachment number 18
Page 8 of 24
Item # 5
9
jurisdiction of the Federal Energy Regulatory Commission, any cable television
system as defined in O.C.G.A. 36-18-1, or any agency or instrumentality of the
United States engaged in the generation, transmission, or distribution of power;
except where an electric membership corporation or municipal electrical system
or any public utility under the regulatory jurisdiction of the Public Service
Commission, any utility under the regulatory jurisdiction of the Federal Energy
Regulatory Commission, any cable television system as defined in O.C.G.A. 36-
18-1,or any agency or instrumentality of the United States engaged in the
generation, transmission, or distribution of power is a secondary permittee for a
project located within a larger common plan of development or sale under the
state general permit, in which case the Local Issuing Authority shall enforce
compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 as if a
permit had been issued, and violations shall be subject to the same penalties as
violations by permit holders; and
11. Any public water system reservoir.
SECTIO IV
MIIMUM REQUIREMETS FOR EROSIO, SEDIMETATIO AD POLLUTIO
COTROL USIG BEST MAAGEMET PRACTICES
A. GENERAL PROVISIONS
Excessive soil erosion and resulting sedimentation can take place during land-disturbing
activities if requirements of the Ordinance and the NPDES General Permit are not met.
Therefore, plans for those land-disturbing activities which are not exempted by this Ordinance
shall contain provisions for application of soil erosion, sedimentation and pollution control
measures and practices. The provisions shall be incorporated into the erosion, sedimentation and
pollution control plans. Soil erosion, sedimentation and pollution control measures and practices
shall conform to the minimum requirements of Section IV B. & C. of this Ordinance. The
application of measures and practices shall apply to all features of the site, including street and
utility installations, drainage facilities and other temporary and permanent improvements.
Measures shall be installed to prevent or control erosion, sedimentation and pollution during all
stages of any land-disturbing activity in accordance with requirements of this Ordinance and the
NPDES General Permit.
B. MINIMUM REQUIREMENTS / BMPs
1. Best management practices as set forth in Section IV B. & C. of this Ordinance
shall be required for all land-disturbing activities. Proper design, installation, and
maintenance of best management practices shall constitute a complete defense to
any action by the Director or to any other allegation of noncompliance with
paragraph (2) of this subsection or any substantially similar terms contained in a
permit for the discharge of storm water issued pursuant to subsection (f) of
Attachment number 18
Page 9 of 24
Item # 5
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O.C.G.A. 12-5-30, the "Georgia Water Quality Control Act". As used in this
subsection the terms "proper design” and “properly designed” mean designed in
accordance with the hydraulic design specifications contained in the “Manual for
Erosion and Sediment Control in Georgia” specified in O.C.G.A. 12-7-6
subsection (b).
2. A discharge of storm water runoff from disturbed areas where best management
practices have not been properly designed, installed, and maintained shall
constitute a separate violation of any land disturbing permit issued by a Local
Issuing Authority or of any state general permit issued by the Division pursuant to
subsection (f) of O.C.G.A. 12-5-30, the "Georgia Water Quality Control Act", for
each day on which such discharge results in the turbidity of receiving waters
being increased by more than twenty-five (25) Nephelometric Turbidity Units for
waters supporting warm water fisheries or by more than ten (10) Nephelometric
Turbidity Units for waters classified as trout waters. The turbidity of the receiving
waters shall be measured in accordance with guidelines to be issued by the
Director. This paragraph shall not apply to any land disturbance associated with
the construction of single family homes which are not part of a larger common
plan of development or sale unless the planned disturbance for such construction
is equal to or greater than five (5) acres.
3. Failure to properly design, install, or maintain best management practices shall
constitute a violation of any land- disturbing permit issued by a Local Issuing
Authority or of any state general permit issued by the Division pursuant to
subsection (f) of Code Section 12-5-30, the "Georgia Water Quality Control Act",
for each day on which such failure occurs.
4. The Director may require, in accordance with regulations adopted by the Board,
reasonable and prudent monitoring of the turbidity level of receiving waters into
which discharges from land disturbing activities occur.
5. The Local Issuing Authority may set more stringent buffer requirements than state
in C.15 and 16, in light of O.C.G.A. subsection 12-7-6 (c).
C.
The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. 12-7-1 et.
seq. for the purpose of governing land-disturbing activities shall require, as a minimum,
protections at least as stringent as the state general permit; and best management practices,
including sound conservation and engineering practices to prevent and minimize erosion and
resultant sedimentation, which are consistent with, and no less stringent than, those practices
contained in the Manual for Erosion and Sediment Control in Georgia published by the
Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-
disturbing activity was permitted, as well as the following:
Attachment number 18
Page 10 of 24
Item # 5
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1. Stripping of vegetation, regrading and other development activities shall be
conducted in a manner so as to minimize erosion;
2. Cut-fill operations must be kept to a minimum;
3. Development plans must conform to topography and soil type so as to create the
lowest practicable erosion potential;
4. Whenever feasible, natural vegetation shall be retained, protected and
supplemented;
5. The disturbed area and the duration of exposure to erosive elements shall be kept
to a practicable minimum;
6. Disturbed soil shall be stabilized as quickly as practicable;
7. Temporary vegetation or mulching shall be employed to protect exposed critical
areas during development;
8. Permanent vegetation and structural erosion control practices shall be installed as
soon as practicable;
9. To the extent necessary, sediment in run-off water must be trapped by the use of
debris basins, sediment basins, silt traps, or similar measures until the disturbed
area is stabilized. As used in this paragraph, a disturbed area is stabilized when it
is brought to a condition of continuous compliance with the requirements of
O.C.G.A. 12-7-1 et. seq.;
10. Adequate provisions must be provided to minimize damage from surface water to
the cut face of excavations or the sloping of fills;
11. Cuts and fills may not endanger adjoining property;
12. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners;
13. Grading equipment must cross flowing streams by means of bridges or culverts
except when such methods are not feasible, provided, in any case, that such
crossings are kept to a minimum;
14. Land-disturbing activity plans for erosion, sedimentation and pollution control
shall include provisions for treatment or control of any source of sediments and
adequate sedimentation control facilities to retain sediments on-site or preclude
sedimentation of adjacent waters beyond the levels specified in Section IV B. 2.
of this Ordinance
Attachment number 18
Page 11 of 24
Item # 5
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15. Except as provided in paragraph (16) of this subsection, there is established a 25
foot buffer along the banks of all state waters, as measured horizontally from the
point where vegetation has been wrested by normal stream flow or wave action,
except where the Director determines to allow a variance that is at least as
protective of natural resources and the environment, where otherwise allowed by
the Director pursuant to O.C.G.A. 12-2-8, where a drainage structure or a
roadway drainage structure must be constructed, provided that adequate erosion
control measures are incorporated in the project plans and specifications, and are
implemented; or along any ephemeral stream. As used in this provision, the term
“ephemeral stream” means a stream: that under normal circumstances has water
flowing only during and for a short duration (less than 48 hours) after
precipitation events; that has the channel located above the ground-water table
year round; for which ground water is not a source of water; and for which runoff
from precipitation is the primary source of water flow. Unless exempted as along
an ephemeral stream, the buffers of at least 25 feet established pursuant to part 6
of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall
remain in force unless a variance is granted by the Director as provided in this
paragraph. The following requirements shall apply to any such buffer:
a. No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed state of vegetation until all
land disturbing activities on the construction site are completed. Once the
final stabilization of the site is achieved, a buffer may be thinned or
trimmed of vegetation as long as a protective vegetative cover remains to
protect water quality and aquatic habitat and a natural canopy is left in
sufficient quantity to keep shade on the stream bed; provided, however,
that any person constructing a single family residence, when such
residence is constructed by or under contract with the owner for his or her
own occupancy, may thin or trim vegetation in a buffer at any time as long
as protective vegetative cover remains to protect water quality and aquatic
habitat and a natural canopy is left in sufficient quantity to keep shade on
the stream bed; and
b. The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of
crossing, within 25 degrees of perpendicular to the stream; cause a width
of disturbance of not more than 50 feet within the buffer; and adequate
erosion control measures are incorporated into the project plans and
specifications and are implemented: (i) Stream crossings for water lines;
or (ii) Stream crossings for sewer lines; and
16. There is established a 50 foot buffer as measured horizontally from the point
where vegetation has been wrested by normal stream flow or wave action, along
the banks of any state waters classified as "trout streams" pursuant to Article 2 of
Chapter 5 of Title 12, the "Georgia Water Quality Control Act", except where a
roadway drainage structure must be constructed ; provided, however, that small
Attachment number 18
Page 12 of 24
Item # 5
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springs and streams classified as trout streams which discharge an average annual
flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be
piped, at the discretion of the landowner, pursuant to the terms of a rule providing
for a general variance promulgated by the Board, so long as any such pipe stops
short of the downstream landowner’s property and the landowner complies with
the buffer requirement for any adjacent trout streams. The Director may grant a
variance from such buffer to allow land-disturbing activity, provided that
adequate erosion control measures are incorporated in the project plans and
specifications and are implemented. The following requirements shall apply to
such buffer:
a. No land-disturbing activities shall be conducted within a buffer and a buffer
shall remain in its natural, undisturbed, state of vegetation until all land
disturbing activities on the construction site are completed. Once the final
stabilization of the site is achieved, a buffer may be thinned or trimmed of
vegetation as long as a protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to
keep shade on the stream bed: provided, however, that any person
constructing a single– family residence, when such residence is constructed
by or under contract with the owner for his or her own occupancy, may thin or
trim vegetation in a buffer at any time as long as protective vegetative cover
remains to protect water quality and aquatic habitat and a natural canopy is
left in sufficient quantity to keep shade on the stream bed; and
b. The buffer shall not apply to the following land-disturbing activities, provided
that they occur at an angle, as measured from the point of crossing, within 25
degrees of perpendicular to the stream; cause a width of disturbance of not
more than 50 feet within the buffer; and adequate erosion control measures are
incorporated into the project plans and specifications and are implemented: (i)
Stream crossings for water lines; or (ii) Stream crossings for sewer lines.
D. Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent any Local Issuing Authority
from adopting rules and regulations, ordinances, or resolutions which contain stream
buffer requirements that exceed the minimum requirements in Section IV B. & C. of this
Ordinance.
E. The fact that land-disturbing activity for which a permit has been issued results in injury
to the property of another shall neither constitute proof of nor create a presumption of a
violation of the standards provided for in this Ordinance or the terms of the permit.
SECTIO V
APPLICATIO/PERMIT PROCESS
A. GENERAL
Attachment number 18
Page 13 of 24
Item # 5
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The property owner, developer and designated planners and engineers shall design and review
before submittal the general development plans. The Local Issuing Authority shall review the
tract to be developed and the area surrounding it. They shall consult the Zoning Ordinance,
Stormwater Management Ordinance, Subdivision Ordinance, Flood Damage Prevention
Ordinance, this Ordinance, and any other ordinances, rules, regulations or permits, which
regulate the development of land within the jurisdictional boundaries of the Local Issuing
Authority. However, the owner and/or operator are the only parties who may obtain a permit.
B. APPLICATION REQUIREMENTS
1. No person shall conduct any land disturbing activity within the jurisdictional boundaries
of Augusta, Georgia without first obtaining a permit from the Augusta-Richmond County
Planning Commission to perform such activity and providing a copy of the Notice of
Intent submitted to EPD, if applicable.
2. The application for a permit shall be submitted to the Augusta-Richmond County
Planning Commission and must include the applicant’s erosion, sedimentation and
pollution control plan with supporting data, as necessary. Said plans shall include, as a
minimum, the data specified in Section V C. of this Ordinance. Erosion, sedimentation
and pollution control plans, together with supporting data, must demonstrate
affirmatively that the land-disturbing activity proposed will be carried out in such a
manner that the provisions of Section IV B. & C. of this Ordinance will be met.
Applications for a permit will not be accepted unless accompanied by the applicable
number of the applicant’s erosion, sedimentation and pollution control plans. All
applications shall contain a certification stating that the plan preparer or the designee
thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-
.10.
3. In addition to the local permitting fees, fees will also be assessed pursuant to paragraph
(5) subsection (a) of O.C.G.A. 12-5-23, provided that such fees shall not exceed $80.00
per acre of land disturbing activity, and these fees shall be calculated and paid by the
primary permittee as defined in the state general permit for each acre of land-disturbing
activity included in the planned development or each phase of development. All
applicable fees shall be paid prior to issuance of the land disturbance permit. In a
jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. 12-7-8 half of such
fees levied shall be submitted to the Division; except that any and all fees due from an
entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. 12-
7-17 shall be submitted in full to the Division, regardless of the existence of a Local
Issuing Authority in the jurisdiction.
4. Immediately upon receipt of an application and plan for a permit, the Local Issuing
Authority shall refer the application and plan to the District for its review and approval or
disapproval concerning the adequacy of the erosion, sedimentation and pollution control
plan. The District shall approve or disapprove a plan within 35 days of receipt. Failure of
the District to act within 35 days shall be considered an approval of the pending plan. The
results of the District review shall be forwarded to the Local Issuing Authority. No permit
Attachment number 18
Page 14 of 24
Item # 5
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will be issued unless the plan has been approved by the District, and any variances
required by Section IV C. 15. & 16 has been obtained, all fess have been paid, and
bonding, if required as per Section V B.6. have been obtained. Such review will not be
required if the Local Issuing Authority and the District have entered into an agreement
which allows the Local Issuing Authority to conduct such review and approval of the
plan without referring the application and plan to the District. The Local Issuing
Authority with plan review authority shall approve or disapprove a revised Plan submittal
within 35 days of receipt. Failure of the Local Issuing Authority with plan review
authority to act within 35 days shall be considered an approval of the revised plan
submittal.
5. If a permit applicant has had two or more violations of previous permits, this Ordinance
section, or the Erosion and Sedimentation Act, as amended, within three years prior to the
date of filing the application under consideration, the Local Issuing Authority may deny
the permit application.
6. The Local Issuing Authority may require the permit applicant to post a bond in the form
of government security, cash, irrevocable letter of credit, or any combination thereof up
to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-
disturbing activity, prior to issuing the permit. If the applicant does not comply with this
section or with the conditions of the permit after issuance, the Local Issuing Authority
may call the bond or any part thereof to be forfeited and may use the proceeds to hire a
contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
These provisions shall not apply unless there is in effect an ordinance or statute
specifically providing for hearing and judicial review of any determination or order of the
Local Issuing Authority with respect to alleged permit violations.
C. PLAN REQUIREMENTS
1. Plans must be prepared to meet the minimum requirements as contained in Section IV B.
& C. of this Ordinance, or through the use of more stringent, alternate design criteria
which conform to sound conservation and engineering practices. The Manual for
Erosion and Sediment Control in Georgia is hereby incorporated by reference into
this Ordinance. The plan for the land-disturbing activity shall consider the
interrelationship of the soil types, geological and hydrological characteristics,
topography, watershed, vegetation, proposed permanent structures including roadways,
constructed waterways, sediment control and storm water management facilities, local
ordinances and State laws. Maps, drawings, and supportive computations shall bear the
signature and seal of the certified design professional. Persons involved in land
development design, review, permitting, construction, monitoring, or inspections of any
land-disturbing activity shall meet the education and training certification requirements,
dependent on his or her level of involvement with the process, as developed by the
Commission and in consultation with the Division and the Stakeholder Advisory Board
created pursuant to O.C.G.A. 12-7-20.
Attachment number 18
Page 15 of 24
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2. Data Required for Site Plan shall include all the information required from the
appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist
established by the Commission as of January 1 of the year in which the land-disturbing
activity was permitted.
3. Plot plans for single family homes on individual lots shall illustrate the best management
practices the contractor will implement during construction to prevent soil erosion and
damage to adjoining properties as a result of erosion; the plot plan shall illustrate positive
storm water drainage to an existing storm water structure; and the plot plan shall illustrate
the method for permanently stabilizing the disturbed soil upon completion of
construction.
The following shall be illustrated on residential plot plans.
a. Contractors name.
b. Street name and property address
c. Lot dimensions drawn to scale
d. All drainage and utility easements
e. Existing drainage swales
f. Footprint of building
g. Building setback dimensions
h. Best management practices to be implemented:
1. Sediment barriers
2. Proposed drainage swales
3. Construction exit
4. Maintenance
i. Positive storm water drainage from the lot to an existing storm water
structure. Direction of flow to be indicated by arrows. Existing storm water
structure includes paved streets, drainage structure inlets, drainage ditches,
and swales.
j. How disturbed soils will be permanently stabilized.
k. 100-Year floodplain data
Attachment number 18
Page 16 of 24
Item # 5
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l. Existing structures on property.
m. Wetlands data
n. Distance to any stream, creek or water body on or adjacent to (within
200 feet of) the proposed site.
o. Delineate 25 feet state water buffer, as applicable.
D. PERMITS
1. Permits shall be issued or denied as soon as practicable but in any event not later than
forty-five (45) days after receipt by the Local Issuing Authority of a completed
application, providing variances and bonding are obtained, where necessary and all
applicable fees have been paid prior to the permit issuance. The permit shall include
conditions under which the activity may be undertaken.
2. No permit shall be issued by the Local Issuing Authority unless the erosion,
sedimentation and pollution control plan has been approved by the District and the Local
Issuing Authority has affirmatively determined that the plan is in compliance with this
Ordinance, any variances required by Section IV C. 15. & 16 are obtained, bonding
requirements, if necessary, as per Section V B. 6. are met and all ordinances and rules
and regulations in effect within the jurisdictional boundaries of the Local Issuing
Authority are met. If the permit is denied, the reason for denial shall be furnished to the
applicant.
3. Any land-disturbing activities by a Local Issuing Authority shall be subject to the same
requirements of this Ordinance, and any other ordinances relating to land development, as
are applied to private persons and the Division shall enforce such requirements upon the
Local Issuing Authority.
4. If the tract is to be developed in phases, then a separate permit shall be required for each
phase.
5. The permit may be suspended, revoked, or modified by the Local Issuing Authority, as to
all or any portion of the land affected by the plan, upon finding that the holder or his
successor in the title is not in compliance with the approved erosion and sedimentation
control plan or that the holder or his successor in title is in violation of this Ordinance. A
holder of a permit shall notify any successor in title to him as to all or any portion of the
land affected by the approved plan of the conditions contained in the permit.
5. The Local Issuing Authority may reject a permit application if the applicant has had two
or more violations of previous permits or the Erosion and Sedimentation Act permit
requirements within three (3) years prior to the date of the application, in light of
O.C.G.A. 12-7-7 (f) (1).
Attachment number 18
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SECTIO VI
ISPECTIO AD EFORCEMET
A. As an extension of the Local Issuing Authority, the Augusta Engineering Department
will periodically inspect the sites of land-disturbing activities for which permits have
been issued to determine if the activities are being conducted in accordance with the plan
and if the measures required in the plan are effective in controlling erosion and
sedimentation. Also, the Local Issuing Authority shall regulate primary, secondary and
tertiary permittees as such terms are defined in the state general permit. Primary
permittees shall be responsible for installation and maintenance of best management
practices where the primary permittee is conducting land-disturbing activities. Secondary
permittees shall be responsible for installation and maintenance of best management
practices where the secondary permittee is conducting land-disturbing activities. Tertiary
permittees shall be responsible for installation and maintenance where the tertiary
permittee is conduction land-disturbing activities. If, through inspection, it is deemed
that a person engaged in land-disturbing activities as defined herein has failed to comply
with the approved plan, with permit conditions, or with the provisions of this Ordinance,
a written notice to comply shall be served upon that person. The notice shall set forth the
measures necessary to achieve compliance and shall state the time within which such
measures must be completed. If the person engaged in the land-disturbing activity fails to
comply within the time specified, he shall be deemed in violation of this Ordinance.
1. Residential Construction of Individual Lots: The License and Inspection
Department will inspect for compliance with this Ordinance for residential
construction on individual lots. If a project is deemed not to be in compliance
with the approved plot plan, the contractor will be issued a written notice to
comply with the approved plot plan. The notice shall set forth the measures
necessary to achieve compliance and shall state the time within which such
measures must be completed. If the contractor engaged in the land disturbing
activity fails to comply within the time specified, he shall be deemed in violation
of this chapter.
B. The Local Issuing Authority must amend its ordinances to the extent appropriate within
twelve (12) months of any amendments to the Erosion and Sedimentation Act of 1975.
C. The Augusta Engineering Department, as an extension of the Local Issuing Authority,
shall have the power to conduct such investigations as it may reasonably deem necessary
to carry out duties as prescribed in this Ordinance, and for this purpose to enter at
reasonable times upon any property, public or private, for the purpose of investigation
and inspecting the sites of land-disturbing activities.
D. No person shall refuse entry or access to any authorized representative or agent of the
Local Issuing Authority, the Commission, the District, or Division who requests entry for
the purposes of inspection, and who presents appropriate credentials, nor shall any person
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19
obstruct, hamper or interfere with any such representative while in the process of
carrying out his official duties.
E. The District or the Commission or both shall semi-annually review the actions of
counties and municipalities which have been certified as Local Issuing Authorities
pursuant to O.C.G.A. 12-7-8 (a). The District or the Commission or both may provide
technical assistance to any county or municipality for the purpose of improving the
effectiveness of the county’s or municipality’s erosion, sedimentation and pollution
control program. The District or the Commission shall notify the Division and request
investigation by the Division if any deficient or ineffective local program is found.
F. The Division may periodically review the actions of counties and municipalities which
have been certified as Local Issuing Authorities pursuant to Code Section 12-7-8 (a).
Such review may include, but shall not be limited to, review of the administration and
enforcement of a governing authority’s ordinance and review of conformance with an
agreement, if any, between the District and the governing authority. If such review
indicates that the governing authority of any county or municipality certified pursuant to
O.C.G.A. 12-7-8 (a) has not administered or enforced its ordinances or has not conducted
the program in accordance with any agreement entered into pursuant to O.C.G.A. 12-7-7
(e), the Division shall notify the governing authority of the county or municipality in
writing. The governing authority of any county or municipality so notified shall have
ninety (90) days within which to take the necessary corrective action to retain
certification as a Local Issuing Authority. If the county or municipality does not take
necessary corrective action within ninety (9 0) days after notification by the Division, the
Division may revoke the certification of the county or municipality as a Local Issuing
Authority.
SECTIO VII
PEALTIES AD ICETIVES
A. FAILURE TO OBTAIN A PERMIT FOR LAND-DISTURBING ACTIVITY
If any person commences any land disturbing activity requiring a land disturbing permit
as prescribed in this Ordinance without first obtaining said permit, the person shall be
subject to revocation of his business license, work permit or other authorization for the
conduct of a business and associated work activities within the jurisdictional boundaries
of the Local Issuing Authority.
B. STOP-WORK ORDERS
1. For the first violation of the provisions of this Ordinance, the Director or the Local
Issuing Authority shall issue a written warning to the violator. The violator shall have
five days to correct the violation. If the violation is not corrected within five days, the
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20
Director or the Local Issuing Authority shall issue a Stop-Work Order requiring that
land-disturbing activities be stopped until necessary corrective action or mitigation
has occurred; provided, however, that, if the violation presents an imminent threat to
public health or waters of the state or if the land-disturbing activities are conducted
without obtaining the necessary permit, the Director or the Local Issuing Authority
shall issue an immediate Stop-Work Order in lieu of a warning;
2. For a second and each subsequent violation, the Director, or the Local Issuing
Authority, shall issue an immediate Stop-Work Order; and;
3. All Stop-Work Orders shall be effective immediately upon issuance and shall be in
effect until the necessary corrective action or mitigation has occurred.
4. When a violation in the form of taking action without a permit, failure to maintain a
stream buffer, or significant amounts of sediment, as determined by the Local Issuing
Authority or by the Director or his or her Designee, have been or are being discharged
into state waters and where best management practices have not been properly
designed, installed, and maintained, a stop work order shall be issued by the Local
Issuing Authority or by the Director or his or her Designee. All such stop work orders
shall be effective immediately upon issuance and shall be in effect until the necessary
corrective action or mitigation has occurred. Such stop work orders shall apply to all
land-disturbing activity on the site with the exception of the installation and
maintenance of temporary or permanent erosion and sediment controls.
C. BOND FORFEITURE
If, through inspection, it is determined that a person engaged in land-disturbing activities
has failed to comply with the approved plan, a written notice to comply shall be served
upon that person. The notice shall set forth the measures necessary to achieve compliance
with the plan and shall state the time within which such measures must be completed. If
the person engaged in the land-disturbing activity fails to comply within the time
specified, he shall be deemed in violation of this Ordinance and, in addition to other
penalties, shall be deemed to have forfeited his Performance Bond, if required to post one
under the provisions of Section V B. 5. (b). The Local Issuing Authority may call the
bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to
stabilize the site of the land-disturbing activity and bring it into compliance.
D. MONETARY PENALTIES
1. Any person who violates any provisions of this Ordinance, or any permit
condition or limitation established pursuant to this Ordinance, or who negligently
or intentionally fails or refuses to comply with any final or emergency order of the
Director issued as provided in this Ordinance shall be liable for a civil penalty not
to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this
Ordinance, notwithstanding any provisions in any City charter to the contrary,
municipal courts shall be authorized to impose penalty not to exceed $2,500.00
Attachment number 18
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21
for each violation. Notwithstanding any limitation of law as to penalties which
can be assessed for violations of county ordinances, any magistrate court or any
other court of competent jurisdiction trying cases brought as violations of this
Ordinance under county ordinances approved under this Ordinance shall be
authorized to impose penalties for such violations not to exceed $2,500.00 for
each violation. Each day during which violation or failure or refusal to comply
continues shall be a separate violation.
2. Under provision of this section, any person who continues to violate, knowingly
and intentionally becoming a habitual violator on the same or different site will be
liable for a civil penalty not to exceed $2,500.00 per day.
3. Penalties, less court costs, shall be returned to the Local Issuing Authority and
deposited into the NPDES account.
SECTIO VIII
EDUCATIO AD CERTIFICATIO
A. Persons involved in land development design, review, permitting, construction, monitoring,
or inspection or any land disturbing activity shall meet the education and training
certification requirements, dependent on their level of involvement with the process, as
developed by the Commission in consultation with the Division and the Stakeholder
Advisory Board created pursuant to O.C.G.A. 12-7-20.
B. For each site on which land-disturbing activity occurs, each entity or person acting as either a
primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as
a minimum one person who is in responsible charge of erosion and sedimentation control
activities on behalf of said entity or person and meets the applicable education or training
certification requirements developed by the Commission present on site whenever land-
disturbing activities are conducted on that site. A project site shall herein be defined as any
land-disturbance site or multiple sites within a larger common plan of development or sale
permitted by an owner or operator for compliance with the state general permit.
C. Persons or entities involved in projects not requiring a state general permit but otherwise
requiring certified personnel on site may contract with certified persons to meet the
requirements of this Ordinance.
D. If a state general permittee who has operational control of land-disturbing activities for a site
has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. 12-7-
19, then any person or entity involved in land-disturbing activity at that site and operating in
a subcontractor capacity for such permittee shall meet those educational requirements
specified in paragraph (4) of subsection (b) of O.C.G.A 12-7-19 and shall not be required to
meet any educational requirements that exceed those specified in said paragraph.
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SECTIO IX
ADMIISTRATIVE APPEAL
JUDICIAL REVIEW
A. ADMINISTRATIVE REMEDIES
The suspension, revocation, modification or grant with condition of a permit by the Local
Issuing Authority upon finding that the holder is not in compliance with the approved
erosion, sedimentation and pollution control plan; or that the holder is in violation of
permit conditions; or that the holder is in violation of any ordinance; shall entitle the
person submitting the plan or holding the permit to a hearing before the Augusta
Commission within thirty (30) days after receipt by the Local Issuing Authority of
written notice of appeal.
B. JUDICIAL REVIEW
Any person, aggrieved by a decision or order of the Local Issuing Authority, after
exhausting his administrative remedies, shall have the right to appeal denovo to the
Superior Court of Richmond County, Georgia.
SECTIO X
EFFECTIVITY, VALIDITY AD LIABILITY
A. EFFECTIVITY
This Ordinance shall become effective on the 1st day of January, 2010; all ordinances or
parts of ordinances in conflict with this Ordinance are hereby repealed.
B. VALIDITY
If any section, paragraph, clause, phrase, or provision of this Ordinance shall be adjudged
invalid or held unconstitutional, such decisions shall not affect the remaining portions of
this Ordinance.
C. LIABILITY
Neither the approval of a plan under the provisions of this Ordinance, nor the compliance
with provisions of this Ordinance shall relieve any person from the responsibility for
damage to any person or property otherwise imposed by law nor impose any liability
upon the Local Issuing Authority or District for damage to any person or property.
The fact that a land-disturbing activity for which a permit has been issued results in
injury to the property of another shall neither constitute proof of nor create a presumption
of a violation of the standards provided for in this Ordinance or the terms of the permit.
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23
No provision of this Ordinance shall permit any persons to violate the Georgia Erosion
and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and
regulations promulgated and approved there under or pollute any Waters of the State as
defined thereby.
Attachment number 18
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WHEREAS, the State Model Soil Erosion, Sedimentation and Pollution Control Ordinance was
revised in 2009;
WHEREAS, several new definitions and soil erosion measures pertinent to Augusta Richmond
County were added in the State Model Ordinance;
WHEREAS, for effective soil erosion monitoring and enforcement these items need to be added
into our local Soil Erosion, Sedimentation and Pollution Control Ordinance, including changing
the name of the Ordinance;
THEREFORE; it is determined to delete the former SESC Ordinance and adopt this new Soil
Erosion, Sedimentation and Pollution Control Ordinance in its entirety.
ATTEST:
Signature____________________________
Signature____________________________
Effective____________________________
Attachment number 18
Page 24 of 24
Item # 5
GRADIG ORDIACE
AUGUSTA, GEORGIA
DEVELOPMENT DOCUMENT #11
AUGUSTA-RICHMOND COUNTY PLANNING COMMISSION
JUNE 1999
Attachment number 19
Page 1 of 7
Item # 5
ORDINANCE NO. 6166
AN ORDINANCE TO AMEND AUGUSTA-RICHMOND
COUNTY CODE, TITLE 7, ARTICLE 6 SO AS TO
RESTATE SAID ARTICLE REGULATING THE
ISSUANCE OF A GRADING PERMIT IN ITS
ENTIRETY; TO PROVIDE AN EFFECTIVE DATE; TO
REPEAL CONFLICTING ORDINANCES; AND FOR
OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY
COMMISSION, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME AS
FOLLOWS:
Section 1. The Augusta-Richmond County code, Title 7, Article 6 is
hereby amended by deleting said Article 6 in its entirety and substituting in lieu thereof,
the following:
GRADIG PERMIT
§ 7-3-40 STATEMET OF PURPOSE
Soil erosion and sediment deposition onto lands and into waters in Augusta,
Georgia are occurring as a result of land clearing, excavation, filling, grading, and
construction activities. Such erosion and sediment deposition results in pollution of
Augusta, Georgia waters and damage to domestic, agricultural, recreational, fish and
wildlife, and other resource uses.
This Ordinance provides rules and regulations for excavation, filling, and grading
activities within Augusta, Georgia and provides for administration and enforcement of
said rules and regulations.
§ 7-3-41 DEFIITIOS
Unless the context otherwise requires, the following terms, as used in this
Ordinance, are defined as follows:
a) Excavation – mechanical removal of earth material.
b) Fill – the deposit of earth material placed by artificial means.
c) Grading – any excavation or filling or combination thereof.
Attachment number 19
Page 2 of 7
Item # 5
§ 7-3-42 EXEMPTIOS
No excavation, filling, or grading shall be conducted within Augusta, Georgia,
except for those activities as provided below, without first securing a permit as required
by this Ordinance. The following activities are exempted from the provisions of this
Ordinance.
a) Minimum land disturbing activities such as house gardens, and individual
home landscaping, repairs, maintenance work and other related activities;
b) Agricultural practices involving the establishment, cultivation, or
harvesting of products of the field or orchard, preparing and planting of
pasture land, forestry land management practices including harvesting
(where stumps are not removed), farm ponds, dairy operations, livestock
and poultry management practices, and the construction of farm buildings;
c) Projects carried out under the technical supervision of the Soil
Conservation Service of the U.S. Department of Agriculture;
d) Excavation below finished grade for basements and footings of a building,
retaining wall or other structure authorized by a valid building permit.
This shall not exempt any fill made with the material from such
excavation nor exempt any excavation having an unsupported height
greater than 5 feet after the completion of such structure;
e) Cemetery graves;
f) Approved refuse disposal sites controlled by other regulations;
g) Excavations for wells or tunnels or utilities;
h) Approved mining, quarrying, excavation, processing, stockpiling of rock,
sand, gravel, aggregate or clay where established and provided for by law,
provided such operations do not affect the lateral support or increase the
stress in or pressure upon any adjacent or contiguous property;
i) Exploratory excavations under the direction of soil engineers or
engineering geologists.
§ 7-3-43 PERMIT PROCEDURES
a) Except as exempted in § 7-3-42, no person shall do any excavation, filling,
or grading without first obtaining a grading permit from the Augusta-
Richmond County Planning Commission. A separate permit shall be
required for each site.
b) Where a new single family residential building is to be immediately
constructed or where a manufactured home is to be placed on a parcel, an
individual plot plan pursuant to the Soil Erosion and Sediment Control
Ordinance § 7-3-35 (b) (1) shall be provided and reviewed by the License
and Inspections Department before a building permit is issued for a single
family residential building or before a certificate of occupancy is issued
for a manufactured home.
Attachment number 19
Page 3 of 7
Item # 5
c) To obtain a permit for a residential lot in an approved subdivision where
grading is to be conducted but a home is not to be immediately
constructed, the applicant shall phone or visit the Augusta-Richmond
County Planning Commission to obtain a permit number. Information
required for each residential grading site shall be:
(1) Lot number, block number, subdivision name, tax parcel
number (if available) and street address or similar
description that will readily identify and locate the
proposed grading activity;
(2) Lot owner;
(3) Contractor performing the grading activity;
(4) Name, address and phone number of person making the
application;
(5) Estimated start and completion dates.
In all other areas, to obtain a permit for grading activities where no new
building construction (residential or commercial) is immediately
imminent; the applicant shall submit a Grading Plan per the requirements
of § 7-3-44 of this Code.
(d) A Site Plan will also be required for commercial development not
specifically exempted in § 7-3-42. The Augusta-Richmond County
Planning Commission staff shall review each application for a Site Plan
under this Ordinance, and determine whether said application is in conflict
with other Ordinances of the Augusta-Richmond County Code, such as
those relative to Zoning, Subdivision of Land, Soil Erosion and Floodplain
Management. Unless exempted elsewhere in this Ordinance, a Grading
Plan will be required.
(e) Site activity involving land disturbance greater than 1.1 acre shall also be
required to submit a Soil Erosion Sediment Control Plan per the
provisions of § 7-3-31 et seq. of the Augusta-Richmond County Code.
(f) A Site Plan/Grading Plan/Soil Erosion Plan will be reviewed by the
appropriate reviewing agencies for compliance with Augusta-Richmond
County code and a grading permit will be issued upon approval from said
reviewing agencies.
§ 7-3-44 GRADIG PLA REQUIREMETS
(a) Grading Plans shall be drawn to scale no smaller than one inch equals 100
feet. Where large sites are being planned, they may be drawn on one or
more sheets. No drawing shall exceed 36 inches by 48 inches in size.
(b) The following information shall be included on each Grading Plan:
(1) Name of development
(2) Owner (name, address, and telephone number)
(3) Developer (name, address, and telephone number)
Attachment number 19
Page 4 of 7
Item # 5
(4) Date plan drawn, and revision dates as applicable
(5) Seal and signature of a registered engineer
(6) North arrow with reference
(7) Scale (no less than 1” = 100’)
(8) Tax parcel number
(9) Zoning classification
(10) Use and zoning of all adjacent parcels with owner(s) name(s)
(11) Existing and proposed elevations referenced to mean sea level,
with a contour interval of 2 feet, accurate to one-half contour to
indicate surface drainage patterns
(12) Source of datum (benchmark used: GS benchmark, if available),
and location of BM or TBM at the site.
(13) Existing pavement width and right-of-way width of any existing
streets adjacent to the development and distances to nearest
intersection
(14) Acreage of property to be developed
(15) Location sketch (scale no less than 1” = 2000’)
(16) Heavy outline of 100 year flood plain and note thereof. Any
disturbances within flood plain limits must comply with the City
Flood Ordinance. If the property is not in a 100 year flood plain
then write a note stating that.
§ 7-3-45 PLACARD
(a) No placard is required for residential lots in an approved subdivision;
however a permit number is required per the phone-in procedures listed
elsewhere in this Ordinance.
(b) When a Site Plan application is approved pursuant to this Ordinance, a
placard shall be presented to the applicant illustrating the permit number,
name of the applicant and the location and description of the permitted
activity. Such placard shall be provided free of charge and shall be placed
on the site in a conspicuous place visible from nearby streets or roads
before work commences.
§ 7-3-46 ISPECTIO AD REVOCATIO
The City Engineer shall be responsible for inspecting or requiring inspection of
work being performed under the requirements of this Ordinance. Permits issued under
the provisions of this Ordinance may be suspended, revoked or modified upon a finding
that the activity of the holder is not consistent with information provided in his permit
application.
Attachment number 19
Page 5 of 7
Item # 5
§ 7-3-47 EFORCEMET
It shall be the duty of the City Engineer to enforce the provisions of this
Ordinance -within Augusta, Georgia. This enforcement shall be in the manner and form
with the powers provided in the Laws of the State and in the Augusta-Richmond County
Code. Violations of the provisions of this Ordinance shall be called to the attention of the
County Attorney, who shall immediately institute injunctions, abatement, or any other
appropriate actin to prevent, enjoin, abate, or remove such violations. Any property
owner who may be damaged by any violation of this Ordinance may also institute such
action. Any person or corporation, whether as principal, agent, employee, or otherwise,
who violates any provision of this Ordinance shall be guilty of an offense and upon
conviction shall be punished as provided in Augusta-Richmond Code § 1-6-1.
§ 7-3-48 LICESE REQUIRED
Contractors or builders conducting excavation, grading, and filling projects in
August, Georgia that are not exempted under the provisions of this Ordinance shall
comply with § 2-1-1 et seq. of the Augusta-Richmond County Code.
§ 7-3-49 COFLICT WITH OTHER LAWS
No provision of this Ordinance shall authorize any person to violate, or to pollute
any waters of the State of Georgia as defined by any provisions of the “Water Quality
Control Act” (Georgia Laws, 1964, p. 416), as now or hereafter amended, or the rules and
regulations promulgated and approved thereunder nor shall this Ordinance release any
person from legal obligations embodied in any other Federal, State or Local laws or
ordinances.
§ 7-3-50 APPEAL PROCEDURE
Any person aggrieved by a decision or order of the issuing authority to the
requirements of this Ordinance shall first present the grievance to the issuing authority
for a hearing within thirty (30) days of the decision or order and lacking a satisfactory
settlement shall then have the right to appeal de novo to the Superior Court of Richmond
County. Appeals to Superior Court must be filed within thirty (30) days of the date of the
decision of the issuing authority; and upon failure to file said appeal within thirty (30)
days, the decision of the issuing authority shall be final.
§ 7-3-51 SEVERABILITY
Any clause or provision of this Ordinance declared invalid shall not affect the
validity of the Ordinance as a whole or any part thereof.
Attachment number 19
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SECTION 2. This ordinance shall become effective upon adoption.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Duly adopted by the Augusta-Richmond County Commission this 18th day of
May, 1999 and this 1st day of June, 1999.
Attachment number 19
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Item # 5
WATER SUPPLY WATERSHED PROTECTIO
ORDIACE
FOR
AUGUSTA, GEORGIA
Development Document #13
Augusta-Richmond County, Georgia
January 1999
Attachment number 20
Page 1 of 5
Item # 5
CHAPTER 7
WATER SUPPLY WATERSHED PROTECTION ORDINANCE
§ 8-7-1. AUTHORITY.
The Augusta-Richmond County Commission was authorized by the Home Rule
Provision of the constitution of the State of Georgia of 1983 to: establish planning
commissions; provide for the preparation and amendment of overall plans for the orderly
growth and development of municipalities and counties; provide for the regulations of
structures on mapped streets, public building sites, and public open spaces; repeal
conflicting laws; and for other purposes. The Augusta-Richmond County Planning
Commission, created and organized under the terms of the aforementioned Home Rule
Provision, has mad a study and analysis of the provisions of O.C.G.A. §12-2-8 and
Chapter 391-3-16, Rules for Environmental Planning Criteria, Georgia Department of
natural Resources, environmental Planning Division, and determined that this Water
Supply Watershed Protection Ordinance conforms to the minimum requirements.
§ 8-7-2. PURPOSE.
In order to provide for the health, safety, and welfare of the public and a healthy
economic climate within Augusta-Richmond County, it is essential that the quality of
public drinking water be assured. The ability of natural systems to filter stormwater
runoff can be threatened by unrestricted urban and suburban development. Land
disturbing activities associated with development can increase erosion and sedimentation
tht threatens the storage capacity of reservoirs. In addition, stormwater runoff,
particularly from impervious surfaces, can introduce toxicants, nutrients, and sediment
Attachment number 20
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into drinking water supplies, making water treatment more complicated, expensive and
rendering water resources unusable. Industrial land uses that involve the manufacture,
use, transport and storage of hazardous or toxic waster materials result in the potential
risk of contamination of nearby public drinking water supplies.
The purpose of the water supply watershed protection district regulation is to
establish measures to protect the quality and quantity of the present and future water
supply for the city of Augusta, Georgia; to minimize the transport of pollutants and
sediments to water supplies; and maintain the yield of the water supply watersheds.
§ 8-7-3. TITLE
This Ordinance shall be known as the Water Supply Watershed Protection
Ordinance of Augusta, Georgia.
§ 8-7-4. DISTRICT DELIEATIO.
The protected water supply watershed district is hereby designated and shall
comprise the land that drains to Augusta, Georgia's public water supply intake as follows:
(a) Savannah River Watershed - The Savannah River Water Supply
Watershed District is hereby designated and shall comprise the land that drains to
Augusta, Georgia's water supply intake. The boundary of the district is defined by the
ridge line of the Savannah River watershed and the boundary of a radius seven (7) miles
upstream of the public water supply intake on the Augusta Canal. This district shall be
further delineated and defined on the Water Supply Watershed Protection District
Overlay Map of the Official Zoning Map of Augusta-Richmond County, which is hereby
incorporated and made a part of this ordinance by reference.
Attachment number 20
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(b) Each parcel of land within the Watershed Protection District shall be
subject to the provisions, regulations, and restrictions of both the Watershed Protection
District Ordinance and the underlying zoning district(s), as delineated in the
Comprehensive Zoning Ordinance for Augusta-Richmond County. In the event of a
conflict or discrepancy between the requirements of the Watershed Protection District
Ordinance and the Comprehensive Zoning Ordinance, the more stringent shall apply.
(c) Savannah River Watershed - Permitted Uses and Conditions. All uses
allowed in the underlying zoning districts are permitted in the Savannah River Water
Supply Watershed Protection District, subject to the following limitation as to Hazardous
Materials Handlers: New facilities, located within a seven (7) mile radius upstream of
Augusta, Georgia's public water intake on the Augusta Canal, which handle hazardous
materials of the types and amounts determined by the Georgia Department of Natural
Resources (DNR), shall perform their operations on impermeable surfaces having spill
and leak collection systems as prescribed by DNR.
§ 8-7-5. SITE PLA REQUIREMETS.
All applications for a development permit within the Watershed Protection
District shall be required to have a site plan submitted and approved by the Augusta-
Richmond County Planning Commission before any building permits may be approved
or any land disturbing activity may take place. Each site plan submitted shall include all
of the information in Article III, Sections 300-303 of the Site Plan Regulations for
Augusta, Georgia. In addition, any hazardous materials handler shall provide location
and detailed designed of any spill and leak collection systems designed for the purpose of
containing accidentally released hazardous waste.
Attachment number 20
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(a) Approval Process - The approval process for a site plan submitted in
accordance with this ordinance shall be the same as the procedures specified in Article II
of the Site Plan Regulations for Augusta, Georgia.
(b) Hardships and Variances - Variances to decisions on permit applications
shall be handled in the manner specified by Article IV, Section 400 of the Site Plan
Regulations for Augusta, Georgia.
(c) Activity Compliance - All development activities or site work conducted
after approval of the site plan shall conform with the specifications of said site plan.
Section 2. This ordinance shall become effective upon adoption.
Section 3. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed.
Duly adopted this 6th. day of October, 1998 and this 20th day of October, 1998.
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CHAPTER 4
HISTORIC PRESERVATIO
ARTICLE 1
I GEERAL
§ 7-4-1. PURPOSE.
The historical, cultural and architectural heritage of Augusta-Richmond County is
among its most valued and important assets and the preservation of this heritage is
essential to the promotion of the health, prosperity and general welfare of the people.
Therefore, in order to stimulate revitalization of the business districts and historic
neighborhoods of Augusta-Richmond County, and to protect and enhance local historical,
cultural, and architectural attraction to tourists and thereby promote and stimulate
business; in order to enhance the opportunities for federal or state tax benefits under
relevant provisions of federal or state law; and in order to provide for the designation,
protection, preservation and rehabilitation of historic properties and historic districts and
to participate in federal or state programs to do the same; in order to promote the reuse
and recycling of existing building stock in Augusta-Richmond County and thereby
conserve increasingly scarce landfill space and valuable natural resources.
The Augusta-Richmond County Commission hereby declares it to be the purpose
and intent of this Chapter to establish a uniform procedure for the protection,
enhancement, and perpetuation of places, districts, buildings, structures, objects,
landscape features and works of art having a historical, cultural or architectural interest or
value.
§ 7-4-2. DEFIITIOS .
(a) Certificate of appropriateness. A document evidencing approval by the
Historic Preservation Commission of an application to make a material change in the
appearance of a designated historic property or of a property located within a designated
historic district.
(b) Exterior architectural features. The architectural style, general design and
general arrangement of the exterior of a building or other structure, including but not
limited to the kind or texture of the building material and the type and style of all
windows, doors, signs, roofing and other appurtenant architectural features, details or
elements relative to the foregoing.
(c) Exterior environmental features. All those aspects of the landscape or the
development of a site which affect the historical character of the property.
(d) Historic district. A geographically definable area designated by the
Commission as a historic district pursuant to the criteria established in § 7-4-13 of this
Chapter.
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(e) Historic property. An individual building, structure, site, object or work
of art, and may include the adjacent area necessary for the proper appreciation thereof,
designated by the Commission as a historic property pursuant to the criteria established in
§ 7-4-14 of this Chapter.
(f) Material change in appearance. A change that will affect the exterior
architectural or environmental features of any building, structure, site, object, landscape
feature or work of art within a historic property or within a historic district, such as:
(1) A reconstruction or alteration of the size, shape or facade of a
historic property, including relocation of any doors or windows or removal or alteration
of any architectural features, details or elements;
(2) Demolition or relocation of a historic structure;
(3) Commencement of excavation for construction purposes;
(4) A change in the location of advertising visible from the public
right-of-way;
(5) The erection, alteration, restoration or removal of any building or
other structure within a historic property or district, including walls, fences, steps and
pavements or other appurtenant features.
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ARTICLE 2
HISTORIC PRESERVATIO COMMISSIO
§ 7-4-3. CREATIO.
There is hereby created a commission whose title shall be The Augusta-Richmond
County Historic Preservation Commission, hereinafter referred to as Historic
Preservation Commission.
§ 7-4-4. MEMBERS--APPOITMET; QUALIFICATIOS; TE RMS AD
COMPESATIO .
(a) The Commission shall consist of ten (10) members (plus an additional two
members should the Richmond County Delegation choose to appoint two members) to be
appointed for four (4) year terms. All members shall be residents of Augusta-Richmond
County. Nominations shall be solicited from the Board of Trustees of Historic Augusta,
Inc. from at-large community recommendations.
(b) To the extent available, at least five (5) members shall be appointed from
among professionals in the disciplines of architecture, history, architectural history,
planning, archaeology, historic preservation or related disciplines. The remaining
members may be nonprofessionals, but must have demonstrated special interest,
experience or education in regional history, historic architecture or the preservation of
historic resources.
(c) Except as provided herein, members of the City of Augusta Historic
Preservation Commission and members of the Richmond County Historic Preservation
Commission who were serving on said commissions on January 1, 1997, all having had
their terms expire, shall serve until their successors are appointed and qualified. Two of
the existing members shall have their terms terminate on March 31, 1997.
(d) The following members of said Commissions shall continue to serve until
their successors are appointed by the Commissioner representing the respective District,
and qualified, and are to represent the districts as herein set forth, to wit:
District 1
District 2
District 3
District 4
District 5
District 6
District 7
District 8
District 9
District 10
(e) The successors to the members representing Districts 1, 3, 5, 7, and 9
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shall serve until April 1, 1998, or until their successors are appointed and qualified.
(f) The successors to the members representing Districts 2, 4, 6, 8, and 10
shall serve until April 1, 2000, or until their successors are appointed and qualified.
(g) Members of the Historic Preservation Commission appointed by the
Commissioner of the respective Districts to succeed those appointed in subsection (e) and
(f) hereof shall serve for terms of office of four (4) years and until their successors are
appointed and qualified.
(h) Should the Richmond County Legislative Delegation choose to appoint
two (2) members as provided in the Consolidation Act, such members shall serve for a
term of four (4) years and until their successors are appointed and qualified. In the event
the appointing authority of the Legislative Delegation is removed from the Consolidation
Act, this subsection shall automatically be repealed.
(i) All terms shall expire on March 31 of the applicable year, and new terms
shall begin on April 1 of the applicable year.
(j) Members shall not receive a salary, although they may be reimbursed for
expenses.
(k) Members who fail to attend three (3) consecutive Historic Preservation
Commission meetings will forfeit their seat upon the Commission. Commission By-
Laws may provide for the conditions of excused absence from Commission meetings.
(l) In the event that vacancies upon the Historic Preservation Commission for
any period of time remain unfilled, a Historic Preservation Commission consisting of six
(6) or more members may exercise all powers delegated to the Historic Preservation
Commission under this Chapter, until the vacancies are filled.
§ 7-4-5. STATEMET OF POWERS.
The Historic Preservation Commission shall be authorized to:
(a) Prepare and maintain an inventory of all property within Augusta-
Richmond County, Georgia, having the potential for designation as a historic property.
This inventory may be maintained in conjunction with Historic Augusta, Inc. or an
independent organization with similar purposes;
(b) Recommend to the Commission specific places, districts, sites, buildings,
structures, objects or works of art to be designated by ordinance as historic properties or
historic districts;
(c) Review applications for Certificates of Appropriateness, and grant or deny
same in accordance with the provisions of this Chapter;
(d) Recommend to the Commission that the designation of any place, district,
site, building, structure, object or work of art as a historic property or as a historic district
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be revoked or removed;
(e) Restore or preserve any historic properties owned by Augusta-Richmond
County, Georgia as authorized by Commission;
(f) Promote the acquisition of facade easements and conservation easements
by the Commission in accordance with the provisions of the Facade and Conservation
Easements Act of 1976, as amended (O.C.G.A. §§ 44-10-1 through 44-10-5);
(g) Conduct educational programs on historic properties located within
Augusta-Richmond County, Georgia and on general historic preservation activities;
(h) Make such investigations and studies of matters relating to historic
preservation, including consultation with historic preservation experts, as the
Commission or the Historic Preservation Commission itself may, from time to time,
deem necessary or appropriate for the purposes of this Chapter;
(i) Seek out local, state, federal and private funds for historic preservation,
and make recommendations to the Commission concerning the most appropriate uses of
any funds acquired;
(j) Submit to the Historic Preservation Section of the Department of Natural
Resources a list of historic properties or historic districts designated;
(k) Perform historic preservation activities as the official agency of the
Augusta-Richmond County historic preservation program.
(l) Employ and compensate persons, as authorized by Commission, to carry
out responsibilities of the Historic Preservation Commission;
(m) Elect from among its members, a member or members to carry out
responsibilities of the Commission;
(n) Receive donations, grants, funds or gifts of historic property and acquire
and sell historic properties on behalf of the Commission. In regard to such historic
property, the Commission shall not obligate the Historic Preservation Commission
without prior consent;
(o) Review the nomination of historic properties or historic districts to the
National Register of Historic Places and Georgia Register of Historic Places and make
comments upon such nominations to the Historic Preservation Section of the Department
of Natural Resources;
(p) Participate in private, state and federal historic preservation programs and
with the consent of the Commission enter into agreements to do the same;
(q) Advise the appropriate officials of the Augusta-Richmond County Fire
Department as to the utilization of alternative compliance concepts for historic properties
pursuant to O.C.G.A. §§ 8-2-200 through 8-2-222 and O.C.G.A. § 25-2-13 where these
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code sections have been made applicable to historic properties in Augusta-Richmond
County. Said advice will ensure that compliance with state and local fire prevention laws
is accomplished while maintaining the highest degree of historic integrity in affected
historic properties;
(r) Issue Citations for violations of this Chapter;
(s) Petition the appropriate court to enjoin actions in violation of this Chapter;
(t) Institute any other appropriate action to enforce compliance with the terms
of this Chapter;
(u) Exercise all other powers implicit or explicit in any other provision of this
Chapter.
§ 7-4-6. POWER TO ADOPT RULES AD STADARDS.
The Historic Preservation Commission shall adopt rules and standards for the
transaction of its business, for consideration of applications for designations and
certificates of Appropriateness, including, By-laws, membership provisions, and design
guidelines. The Historic Preservation Commission shall provide for the time and place of
regular meetings and a method for the calling of special meetings. The Historic
Preservation Commission shall select such officers as it deems appropriate from among
its members. The Chairman of the Historic Preservation Commission shall be entitled to
vote upon any issue, motion or resolution, as any other member. (Ord. # 5971, October
21, 1997)
§ 7-4-7. COFLICT OF ITEREST.
At any time the Historic Preservation Commission is to undertake any official
action which will affect a monetary or other vested interest of a member of the Historic
Preservation Commission, that member shall reveal the existence of that interest to the
Historic Preservation Commission at the next meeting thereof after the member becomes
aware of the conflict of interest and shall abstain from voting on that matter. The
ownership of property by a Historic Preservation Commission member within a proposed
historic district containing twenty-five or more separately-owned parcels of property shall
not be such an interest as to invoke the prohibitions of this Section.
At any time the Historic Preservation Commission reviews a project in which a
member of the Historic Preservation Commission has an ownership or other vested
interest, that member shall be forbidden, as a Commission member, from voting or
discussing the project, other than answering a direct question.
§ 7-4-8. HISTORIC PRESERVATIO COMMISSIO'S AUTHO RITY TO
RECEIVE FUDIG FROM VARIOUS SOURCES.
The Historic Preservation Commission shall have the authority to accept
donations and shall insure that these funds do not displace appropriated governmental
funds.
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§ 7-4-9. RECORDS OF HISTORIC PRESERVATIO COMMISS IO
MEETIGS.
A public record shall be kept of the Historic Preservation Commission's
resolutions, proceedings and actions. This public record may consist of an ordinary tape
recording or from time to time, at the discretion of the Commission, may be
supplemented by the use of a court reporter or such other written record as the
Commission may establish.
§ 7-4-10. ATTEDACE OF LAW EFORCEMET OFFICER A T
HISTORIC PRESERVATIO COMMISSIO MEETIGS.
An officer of the Richmond County Sheriff's Department shall be in attendance at
Historic Preservation Commission meetings, at the behest of the Commission, in order to
assure the orderliness of the proceedings.
§ 7-4-11. DUTIES OF COMPTROLLER.
The Augusta-Richmond County comptroller shall provide the Historic
Preservation Commission with the necessary tax information to facilitate the purposes of
this Chapter and shall see that this information is kept current.
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ARTICLE 3
RECOMMEDATIO AD DESIGATIO OF
HISTORIC DISTRICTS AD PROPERTIES
§ 7-4-12. PRELIMIARY RESEARCH BY COMMISSIO.
(a) The Historic Preservation Commission may compile and collect
information and conduct surveys of historic resources within Augusta-Richmond County.
(b) The Historic Preservation Commission may present to the Commission
recommendations for the designation of historic districts and properties.
(c) Prior to the Historic Preservation Commission's recommendation of a
historic district or historic property to the Commission for designation, the Historic
Preservation Commission shall prepare a report consisting of:
(1) a physical description;
(2) a statement of the historical, cultural, and/or architectural
significance of the proposed historic district or historic property, except that such
statement of significance will not be required in the case of a historic property or district
already listed upon the National Register of Historic Places, or upon the Georgia Register
of Historic Places;
(3) a map showing the proposed historic district boundaries and the
classification (i.e. contributing/historic, contributing/non-historic, noncontributing) of
individual properties therein, or a map showing the boundaries of the proposed historic
property;
(4) a statement justifying historic district or individual historic
property boundaries, except that such statement in justification will not be required if
such proposed boundaries are the same as those embraced within the listing of the district
or property upon the National Register of Historic Places or Georgia Register of Historic
Places; and
(5) representative photographs. (Ord. 5927, May 19, 1997)
§ 7-4-13. DESIGATIO OF A HISTORIC DISTRICT.
(a) Criteria for selection of historic districts. A historic district is a
geographically definable area which contains buildings, structures, sites, objects,
landscape features and works of art or a combination thereof, which:
(1) have special character or historic, cultural or architectural, value or
interest;
(2) represent one or more periods, styles or types of architecture
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typical of one or more eras in the history of Augusta-Richmond County or the state or
region;
(3) cause such area, by reason of such factors, to constitute a visibly
perceptible section of Augusta-Richmond County;
(4) a district, once listed upon the National Register of Historic Places
or upon the Georgia Register of Historic Places shall be presumed to possess the
necessary characteristics for designation as a historic district under this ordinance.
(b) Boundaries of a historic district. The boundaries of a historic district shall
be included in the separate ordinances designating such districts and shall be shown on
the official zoning map of Augusta-Richmond County, Georgia. Said boundaries, as
depicted on said map, shall constitute the official description of said historic districts for
the purposes of this Chapter and for the purposes of the separate ordinances designating
such districts.
In the event that the official zoning map of Augusta-Richmond County, Georgia
does not depict the area proposed for designation as a historic district, the Commission
may, in its discretion, identify such other map upon which to depict the boundaries of the
historic district. In this case the map so identified by the Commission shall constitute the
official description of said historic district for the purposes of this Chapter and for the
purposes of the separate ordinance designating such district.
(c) Evaluation of properties within historic districts. Individual properties
within historic districts shall be classified as:
(1) contributing/historic (contributes to the district in terms of design,
historical association, and/or setting);
(2) contributing/non-historic (a property less than fifty years old which
compliments and does not detract from the overall character of the district in terms of
design, historical association, and/or setting);
(3) non-contributing (a property which detracts from the district in
terms of design, style, building type, historical association, and/or setting). (Ord. 5927,
May 19, 1997)
§ 7-4-14. DESIGATIO OF A HISTORIC PROPERTY.
(a) Criteria for selection of historic properties. A historic property is a
building, structure, site, object or work of art which may include the adjacent area
necessary for the proper appreciation or use thereof, deemed worthy of preservation for
reason of value to Augusta-Richmond County, the State of Georgia, or this Geographical
region, for one of the following reasons:
(1) it is an outstanding example of a structure representative of its era;
(2) it is one of the few remaining examples of past architectural style;
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(3) it is a place or structure associated with an event or person of
historic or cultural significance to Augusta-Richmond County, Georgia, or to the state,
region or nation;
(4) it is a site of natural or aesthetic interest that is continuing to
contribute to the cultural or historical development and heritage of Augusta-Richmond
County, Georgia, or of the state, region or nation;
(5) a property, once listed upon the National Register of Historic
Places or upon the Georgia Register of Historic Places shall be presumed to possess the
necessary characteristics for designation as a historic property.
(b) Boundary description. A description of the boundaries shall be included
in the separate ordinances designating such properties and the boundaries shall be
depicted on the official Zoning Map of Augusta-Richmond County, Georgia. Said
boundaries, as depicted on said map, shall constitute the official description of said
historic property for the purposes of this Chapter and for the purposes of the separate
ordinances designating such properties.
In the event that the official Zoning Map of Augusta-Richmond County, Georgia
does not depict the area proposed for designation as a historic property, the Commission
may, in its discretion, identify such other map upon which to depict the boundaries of the
historic property. In this case the map so identified by the Commission shall constitute
the official description of said historic property for the purposes of this Chapter and for
the purposes of the separate ordinance designating such property. (Ord. 5927, May 19,
1997)
§ 7-4-15. REQUIREMETS FOR ADOPTIG A ORDIACE FOR THE
DESIGATIO OF HISTORIC DISTRICTS AD HISTORIC
PROPERTIES.
(a) Application for designation of historic districts or historic property.
Designations may be proposed by the Commission, the Historic Preservation
Commission or:
(1) for historic districts - a preservation organization, historical
society, neighborhood association or group of property owners may apply to the
Commission for designation;
(2) for historic properties - a preservation organization, historical
society, neighborhood association or property owner may apply to the Commission for
designation.
(b) Required components of an ordinance. Any ordinance designating any
property or district as historic shall:
(1) describe the area encompassed within the proposed historic district
or describe the proposed individual historic property;
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(2) reference the name(s) of the owner(s) of the designated property or
properties as shown on the official Augusta-Richmond County tax records at the time of
the adoption of the ordinance. In the event that the official tax records, for whatever
reason, do not encompass the property or properties proposed for designation, the record
owner(s) of the property, as determined by a title investigation conducted to appropriate
legal standards under Georgia law, shall be referenced;
(3) require compliance with the provisions of this Chapter; and
(4) require that the property or district be shown on the official zoning
Map of Augusta-Richmond County, Georgia, or such other official map as identified by
the Commission pursuant to § 7-4-13 or 7-4-14 hereof.
(c) Required public hearing and notices. The Historic Preservation
Commission shall hold a public hearing on any proposed ordinance for the designation of
any historic district or property. Notice of the hearing shall be published in at least one
(1) issue of the official legal organ of Augusta-Richmond County and written notice of
the hearing shall be mailed by the Commission to all owners and occupants of such
properties that are affected. This notice: (i) shall contain the time and place for the
hearing, (ii) shall reference this Chapter, (iii) shall describe the fact that the establishment
of a historic district or historic property pursuant to this Chapter has been proposed, and
(iv) shall generally describe the area encompassed by the historic district or historic
property proposed. All such notices shall be published or mailed not less than fifteen
(15) days nor more than forty-five (45) days prior to the date set for the public hearing.
A notice sent via the United States mail to the last owner of record of the property shown
on the official Augusta-Richmond County tax records or record owner of the property,
and a notice sent via United States mail to the address of the property to the attention of
the occupant shall constitute legal notification to the owner and occupant under this
Chapter.
(d) Recommendations on proposed designations. A recommendation to
adopt, to adopt in modified form, or to reject the proposed ordinance shall be made by the
Commission within fifteen (15) days following the public hearing and shall be in the
form of a resolution to the Commission.
(e) Commission action on Commission recommendation. Following receipt
of the Historic Preservation Commission's recommendation, the Commission may adopt
the ordinance as proposed, reject the ordinance, or, after consultation with the
Commission, may adopt the ordinance with any modifications it deems necessary.
(f) Notification of the State Historic Preservation Section. Prior to making a
recommendation on any ordinance designating a property or district as historic, the
Historic Preservation Commission may transmit the report required at § 7-4-12 of this
Code to the Historic Preservation Section of the Georgia Department of Natural
Resources.
(g) Notification of adoption of ordinance for designation. Within thirty (30)
days following the adoption of the ordinance for designation by the Commission, the
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owners and occupants of each designated historic property, and the owners and occupants
of each structure, site or work of art located within a designated historic district, and all
building contractors licensed in Augusta-Richmond County, shall be given written
notification of such designation by the Commission, which notice shall apprise said
owners, occupants, and contractors of the necessity of compliance with this Chapter and
specifically, the necessity of obtaining a Certificate of Appropriateness prior to
undertaking any material change in appearance of the historic property designated or
within the historic district designated. A notice sent via United States Mail to the last
known owner of the property shown on the official Augusta-Richmond County tax
records and, where different from the address of such record tax owner, a notice sent via
United states Mail to the address of the property to the attention of the occupant shall
constitute legal notification to the owner and occupant under this Chapter. Building
contractors, licensed in Augusta-Richmond County shall similarly be notified as
aforesaid, but failure of such building contractor to be sent such notice shall in no way
affect the validity of an ordinance for designation.
(h) Notification of other agencies regarding designation. The Historic
Preservation Commission shall notify all affected agencies within Augusta-Richmond
County of the ordinance for designation, as well as the local neighborhood, historical and
preservation organizations. Failure of such agencies or organizations to receive such
notification shall in no way affect the validity of such ordinance for designation.
(i) Moratorium on applications for alteration or demolition while ordinance
for designation is pending. If the procedure for the designation of an historic district or
historic property has been initiated as provided for in this Section, the Commission shall
have the power to recommend to the Building Inspector a moratoria on the issuance of
building permits and demolition permits involving the property or properties proposed for
designation.
(j) Authority to rescind designation. The Commission has the authority to
rescind the ordinance designating a historic district or historic property following receipt
of a recommendation from the Commission, provided that a public hearing has been held
by the Historic Preservation Commission, prior to the Commission's recommendation,
providing the opportunity for public comment. Notification for such public hearing shall
be the same as provided for in § 7-4-15 hereof. (Ord. 5927, May 19, 1997)
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ARTICLE 4
APPLICATIO TO PRESERVATIO COMMISSIO
FOR CERTIFICATE OF APPROPRIATEESS
§ 7-4-16. APPROVAL OF ALTERATIOS OR EW COSTRUC TIO I
HISTORIC DISTRICTS OR IVOLVIG HISTORIC
PROPERTIES.
After the designation by ordinance of a historic property or of a historic district,
no material change in the exterior appearance of a structure, site, object or work of art
within such historic property or property within such historic district, shall be made or be
permitted to be made unless or until the application for a Certificate of Appropriateness
has been submitted to and approved by the Historic Preservation Commission.
§ 7-4-17. APPROVAL OF EW COSTRUCTIO WITHI DESIGATED
DISTRICTS.
The Historic Preservation Commission shall issue Certificates of Appropriateness
for new structures constructed within designated historic districts or upon the grounds of
a designated historic property if these structures conform in design, scale, building
materials, setback and landscaping to the character of the historic district or property or
as specified in the design criteria once developed or adopted by the Commission.
§ 7-4-18. GUIDELIES AD CRITERIA FOR CERTIFICATE S OF
APPROPRIATEESS.
When considering applications for Certificates of Appropriateness impacting
existing buildings, the Secretary of the Interior's Standards for Historic Preservation
Projects including the Secretary's Standards for Rehabilitation, as revised as of the date of
application for a Certificate of Appropriateness, shall be used as a criteria for design
review along with any other standards or design review guidelines once developed or
adopted by the Commission for use in reference to specific historic districts or historic
properties. When dealing with difficult technical questions, the Historic Preservation
Commission shall have the power to seek technical advice from outside its membership
on any application, within approved budgetary limitations.
§ 7-4-19. ISSUACE OF BUILDIG AD DEMOLITIO PER MITS.
Building Permits And Demolition Permits must not be issued until the issuing
official has examined the official Historic District and Historic Property Map to see if the
property is affected by historic designation. If the property is so affected, the issuing
authority must direct the applicant to the Commission to apply for a Certificate of
Appropriateness. The subsequent issuance of a Building Permit or Demolition Permit
shall be contingent upon the obtention of a Certificate of Appropriateness for the
proposed change.
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§ 7-4-20. SUBMISSIO OF PLAS TO COMMISSIO.
An application for a Certificate of Appropriateness shall be accompanied by such
drawings, photographs, plans or other documentation as may be required by the Historic
Preservation Commission. Applications involving demolition or post-relocation shall be
accompanied by post-demolition or relocation plans for the site. The Historic
Preservation Commission shall not require that the plans and specifications be prepared
by professionals, but only that such documentation be prepared in such a way as to be
easily understood by the Commission members.
§ 7-4-21. ACCEPTABLE COMMISSIO REACTIO TO APPLI CATIOS
FOR CERTIFICATES OF APPROPRIATEESS.
(a) The Historic Preservation Commission shall approve the application and
issue a Certificate of Appropriateness if it finds that the proposed material change(s) in
appearance would not have a substantial adverse effect on the historic or architectural
significance, integrity, and value of the historic property or property within a historic
district. In making this determination, the Historic Preservation Commission shall
consider the factors described in §§ 7-4-17 and 7-4-18 above, the historical and
architectural value and significance, architectural style, general design arrangement,
texture and material of the architectural features involved and the relationship thereof to
the exterior architectural style, and pertinent features of the other structures in the
immediate neighborhood.
(b) The Historic Preservation Commission shall deny a certificate of
Appropriateness if it finds that the proposed material change(s) in appearance would have
substantial adverse effects on the historical or architectural significance, integrity and
value of the historic property or property within the historic district, based upon those
same factors as described in § 7-4-21 (a) above.
§ 7-4-22. HEARIGS O APPLICATIOS FOR CERTIFICAT ES OF
APPROPRIATEESS, OTICES, AD RIGHT TO BE HEARD.
At least fifteen (15) days and no more than forty-five (45) days prior to the review
of a Certificate of Appropriateness, the Commission shall take action as follows to inform
interested parties, and shall give the applicant and interested parties an opportunity to be
heard at the Historic Preservation Commission meeting where the request for a
Certificate of Appropriateness is to be considered:
(a) The Historic Preservation Commission shall cause a sign to be posted
upon the parcel of property subject of the application at least fifteen (15) days before the
meeting of the Historic Preservation Commission where the application is to be
considered, said sign to remain in place substantially until the time of said meeting. Said
sign shall state:
(1) the fact that an application for a Certificate of Appropriateness
pursuant to the Historic Preservation ordinance has been filed for the posted property;
(2) the name of the applicant; and
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(3) the time and place of the Historic Preservation Commission
meeting
where the application is to be considered. The sign may contain such other information
as the Historic Preservation Commission may deem appropriate. The overall design and
size of such sign shall be of such character as to be likely to attract the eye of passersby.
(b) At its discretion, the Historic Preservation Commission may, in its bylaws,
or on a case by case basis, undertake to provide such other notice as it deems appropriate.
§ 7-4-23. ITERIOR ALTERATIOS.
In review of applications for Certificates of Appropriateness, the Historic
Preservation Commission shall not consider interior arrangement, use or decoration,
having no effect on exterior architectural features, whether or not visible from the
exterior of the structure.
§ 7-4-24. TECHICAL ADVICE.
When dealing with difficult technical questions, the Historic Preservation
Commission shall have the power to seek technical advice from outside its members on
any application and within approved budgetary limitations.
§ 7-4-25. DEADLIE FOR APPROVAL OR REJECTIO OF
APPLICATIO FOR CERTIFICATE OF APPROPRIATEESS.
(a) The Commission shall approve or reject an application for a Certificate of
Appropriateness within forty-five (45) days after the filing thereof by the owner or
occupant of a historic property or structure, site, object or work of art located within a
historic district. Evidence of approval shall be by a Certificate of Appropriateness issued
by the commission. Notice of the issuance or denial of A Certificate of Appropriateness
shall be rent via United States Mail to the applicant.
(b) Failure of the Historic Preservation Commission to act within said forty-
five (45) days shall constitute approval, and no other evidence of approval shall be
needed.
§ 7-4-26. ECESSARY ACTIOS TO BE TAKE BY COMMIS SIO UPO
REJECTIO OF APPLICATIO FOR CERTIFICATE OF
PPROPRIATEESS.
(a) In the event the Historic Preservation Commission rejects an application
for a Certificate of Appropriateness, it shall state its reasons for doing so, and shall
transmit a record of such actions and reasons in writing to the applicant. The Historic
Preservation Commission may suggest alternatives it believes would ensure approval if it
disapproves of the application as submitted. The applicant, if he or she so desires, may
make modifications to the plans and, after making such modifications, may re-submit the
application at any time after doing so. Rejected applications, unless modified in a good
faith effort to comply with the provisions of this Chapter and the findings of the Historic
Attachment number 21
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16
Preservation Commission, may not be re-submitted for one (1) year following rejection.
(b) In cases where the application for a Certificate of Appropriateness
concerns a proposed change in a structure which would require the obtention of a
building permit, the rejection of the application for a Certificate of Appropriateness by
the Historic Preservation Commission shall be binding upon the building inspector or
other administrative officer charged with issuing building permits and, in such a case, no
building permit shall be issued.
§ 7-4-27. UDUE HARDSHIP.
Where, by reason of unusual circumstances, the strict application of any provision
of this Chapter would result in exceptional practical difficulty or undue economic
hardship upon any owner of a specific property, the Historic Preservation Commission, in
passing upon applications, shall have the power to vary or modify strict adherence to said
provisions, or to interpret the meaning of said provisions, so as to relieve such difficulty
or hardship; provided such variances, modifications or interpretations shall remain in
harmony with the general purpose and intent of said provisions so that the architectural or
historical integrity, or character of the property, shall be conserved and substantial justice
done. In granting variances, the Commission may impose such reasonable and additional
stipulations and conditions as will, in its judgment, best fulfill the purpose of this
Chapter. An undue hardship shall not be a situation of the person's own making.
§ 7-4-28. REQUIREMET OF COFORMACE WITH CERTIFI CATE OF
APPROPRIATEESS.
(a) All work performed pursuant to an issued Certificate of Appropriateness
shall conform to the requirements of such certificate. In the event work is performed not
in accordance with such certificate, such work will constitute a violation of this Chapter
and the Historic Preservation Commission shall issue a cease and desist order and all
work shall cease.
(b) Where this ordinance would require the obtention of a Certificate of
Appropriateness and work upon a structure is undertaken without a Certificate of
Appropriateness having been obtained, such work will constitute a violation of this
Chapter and the Historic Preservation Commission shall issue a cease and desist order
and all work shall cease.
(c) Work which constitutes a violation of § 7-4-28 (a) or (b) above or the
failure to obey a cease and desist order issued pursuant to this Chapter shall constitute a
separate and continuing violation of this Chapter.
(d) The Commission or the Historic Preservation Commission shall be
authorized to institute any appropriate action or proceeding in any court of competent
jurisdiction to prevent any material change in the appearance of a designated historic
property or property within a historic district, not made in compliance with the provisions
of this Chapter or to prevent any illegal act or conduct with respect to such historic
property or historic district.
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17
(e) The Commission, including its various departments, authorities,
commissions, committees and boards, shall be bound by the requirements of this article.
§ 7-4-29. CERTIFICATE OF APPROPRIATEESS VOID IF WORK OT
COMMECED.
A Certificate of Appropriateness shall become void unless work is commenced
within six (6) months of the date of issuance. Certificates of Appropriateness shall be
issued for a period of eighteen (18) months and are renewable.
§ 7-4-30. RECORDIG OF APPLICATIOS FOR CERTIFICAT E OF
APPROPRIATEESS.
The Commission shall keep a public record of all applications for Certificates of
Appropriateness, and of all the Commission's proceedings in connection with said
applications in the fashion provided at § 7-4-22 above.
§ 7-4-31. FEE TO ACCOMPAY A APPLICATIO FOR A
CERTIFICATE OF APPROPRIATEESS.
The Commission, in its by-laws, may require a reasonable fee to accompany an
application for a Certificate of Appropriateness.
§ 7-4-32. APPEALS.
(a) Any person affected by any determination made by the Historic
Preservation Commission relative to the issuance or denial of a Certificate of
Appropriateness may appeal such determination to the Commission. Any such appeal
must be filed in writing with the Clerk of Commission within thirty (30) days after the
issuance of the determination pursuant to § 7-5-25 (a) of this Chapter. The dates in this
subsection are determined from the date of the posting of said notice in the United States
Mail.
(b) In the case of a failure of the Historic Preservation Commission to act,
within fifteen (15) days of the expiration of the forty-five (45) day period allowed for
Historic Preservation Commission action pursuant to § 7-5-25 (b) of this Chapter. The
Commission may affirm the determination made by the Historic Preservation
Commission, said application shall be deemed approved pursuant to § 7-4-25 (b) of this
Chapter.
(c) After timely filing of an appeal to the Augusta Commission and prior to
any assignment of the appeal for hearing on any agenda of the Augusta Commission, the
appealing party shall submit the case to mediation.
(d) The mediator shall be a person chosen by the agreement of the appealing
party and the Historic Preservation Commission. In the event the
appealing party and the Historic Preservation Commission cannot agree upon the
appointment of a mediator, the mediator shall be the Director of Planning & Zoning or
his/her designee.
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(e) Any fee charged by the mediator for professional mediation services shall
be paid by the appealing party prior to the commencement of the
mediator.
(f) If the mediation is not scheduled and heard within ninety (90) days of the
filing of the appeal, the decision of the Historic Preservation shall be affirmed without
further hearing by the Augusta Commission.
(g) The Augusta Commission may affirm the determination made by the
Historic Preservation Commission, or if the Augusta Commission finds that the Historic
Preservation Commission abused its discretion in reaching its decision, the Augusta
Commission may modify or reverse the determination made by the Historic Preservation
Commission. Appeals from decisions of the Augusta Commission may be taken to the
Superior Court of Richmond County, Georgia in the manner provided by law.
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19
ARTICLE 5
DEMOLITIO OR RELOCATIO OF A HISTORIC PROPERTY OR
PROPERTIES WITHI A HISTORIC DISTRICT
§ 7-4-33. APPLICATIOS FOR CERTIFICATES OF APPROPR IATEESS
FOR DEMOLITIO OR RELOCATIO.
The Historic Preservation Commission shall have the authority to approve,
approve with conditions, or deny Certificates of Appropriateness for demolition or
relocation. The proposed demolition or relocation of all or any portion of a historic
property or property within a historic district shall require the obtention of a Certificate of
Appropriateness for demolition or relocation.
§ 7-4-34. PUBLIC HEARIG.
A public hearing shall be scheduled for each application for a Certificate of
Appropriateness for demolition or relocation.
§ 7-4-35. OTICE OF PUBLIC HEARIG PURSUAT TO A
APPLICATIO FOR CERTIFICATE OF APPROPRIATEESS
FOR DEMOLITIO OR RELOCATIO.
Notice as provided for at § 7-4-22 above shall be provided in the context of an
application for a Certificate of Appropriateness for demolition or relocation, and, in
addition, notice of such public hearing containing the information as described at § 7-4-
22 above shall be published in at least one (1) issue of the official legal organ of Augusta-
Richmond County not less than five (5) nor more than thirty (30) days prior to the date
set for the public hearing.
§ 7-4-36. VIOLATIO.
The demolition or relocation of a historic property, or property within a historic
district without the obtention of a Certificate of Appropriateness shall constitute a
violation of this Chapter of a high and aggravated nature.
§ 7-4-37. COSIDERATIO OF POST-DEMOLITIO OR POST -
RELOCATIO PLAS.
The Historic Preservation Commission shall not grant Certificates of
Appropriateness for demolition or relocation without having first reviewed the post-
demolition or post-relocation plans for the site.
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Page 19 of 23
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20
§ 7-4-38. DEMOLITIO/RELOCATIO CRITERIA.
Upon receipt of an application for a Certificate of Appropriateness for demolition
or relocation, the Historic Preservation Commission shall apply the criteria described in §
7-4-18 of this Chapter to determine whether to grant or deny the application for a
Certificate of Appropriateness for demolition or relocation.
§ 7-4-39. FEE TO ACCOMPAY APPLICATIO FOR CERTIF ICATE OF
APPROPRIATEESS FOR DEMOLITIO OR RELOCATIO.
The Historic Preservation Commission, in its by-laws, may require a reasonable
fee to accompany an application for a Certificate of Appropriateness for demolition or
relocation.
§ 7-4-40. BIDIG UPO THE COMMISSIO.
The Commission, including its various departments, authorities, commissions,
committees and boards shall be bound by the requirements of this article.
§ 7-4-41 thru § 7-4-50 RESERVED.
Attachment number 21
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Item # 5
21
ARTICLE 6
MAITEACE OF HISTORIC PROPERTIES
AD BUILDIG AD ZOIG CODE PROVISIOS
§ 7-4-51. ORDIARY MAITEACE OR REPAIR.
Ordinary maintenance or repair of any exterior architectural or environmental
feature in or on a historic property or property within a historic district to correct
deterioration, decay or damage, or to sustain the existing form, that does not involve a
material change in design, materials or outer appearance thereof, does not require a
Certificate of Appropriateness, and may be undertaken once approved by the designated
staff person for the Commission without consultation with the Historic Preservation
Commission. Any person considering a change to a historic building that is believed to
constitute no more than ordinary maintenance or repair must consult the designated staff
person to assure that in fact such change constitutes merely ordinary maintenance and
repair. In the absence of the employment of a designated staff person, such approvals
may be made by a member or members of the Historic Preservation Commission duly
elected by the members of the Historic Preservation Commission. Ordinary maintenance
includes exterior painting and/or a change in exterior paint color, and does not require a
Certificate of Appropriateness or approval by the designated staff person.
§ 7-4-52. FAILURE TO PROVIDE ORDIARY MAITEACE OR
REPAIR.
Owners of historic properties or of properties within a historic district shall not
allow their buildings to deteriorate by failing to provide ordinary maintenance or repair.
The Commission shall be charged with the following responsibilities regarding such
deterioration by neglect:
(a) The Historic Preservation Commission shall have the authority to monitor
the condition of historic properties and properties within a historic district to determine if
they are being allowed to deteriorate by neglect. Such conditions as broken windows,
doors and openings which allow the elements and vermin to enter, the deterioration of
exterior architectural features, or the deterioration of a building’s structural system shall
constitute failure to provide ordinary maintenance or repair.
(b) In the event the Historic Preservation Commission determines that there
has been a failure to provide ordinary maintenance or repair, the Historic Preservation
Commission will notify the owner of the property and set forth the steps necessary to
comply with the provisions of this Section. The owner of such property will have ten
(10) days to apply for the appropriate Certificate of Appropriateness.
(c) In the event that a COA is not applied for within ten (10) days, as
referenced in (b) of this Code Section; the Historic Preservation Commission shall notify
the appropriate City Department of the situation.
AS AMEDED AUGUST 2010
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22
§ 7-4-53. AFFIRMATIO OF EXISTIG BUILDIG AD ZOI G
CODES.
Nothing in this Chapter shall be construed as to exempt property owners from
complying with existing building and zoning codes of Augusta-Richmond County.
§ 7-4-54 thru § 7-4-60. RESERVED.
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23
ARTICLE 7
MISCELLAEOUS PROVISIOS
§ 7-4-61. CERTIFIED LOCAL GOVERMET PROGRAM.
The Historic Preservation Commission shall at least annually monitor compliance
with all certified Local Government Program requirements and take or recommend such
steps as may be necessary to have Augusta-Richmond County qualify and remain
qualified as a certified Local Government pursuant to various state or federal government
requirements.
§ 7-4-62. SEVERABILITY.
In the event that any section, subsection, sentence, clause or phrase of this
Chapter shall be declared or adjudged invalid or unconstitutional, such declaration or
adjudication shall in no manner affect the other sections, sentences, clauses, or phrases of
this Chapter, which shall remain in full force and effect, as if the section, subsection,
sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not
originally a part thereof.
§ 7-4-63. AMEDMETS.
This Chapter may be amended by the Commission upon recommendation by the
Historic Preservation Commission. No amendment shall become effective unless such
recommendation shall be made by the Historic Preservation Commission, or until the
Historic Preservation Commission has had an opportunity to review the amendment upon
the direction of Commission and has made a recommendation concerning the proposed
amendment.
§ 7-4-64. TEMPORARY PROVISIO FOR HPA (HISTORIC
PRESERVATIO AREA) ZOES EXISTIG UDER PRIOR
LAW.
Notwithstanding any provision herein to the contrary, HPA (Historic Preservation
Area) Zones which existed as of December 31, 1995 pursuant to City of Augusta
ordinance no. 5648 shall continue to exist and enjoy the protection of such prior law,
until the redesignation of said HPA zones as historic districts or historic properties
pursuant to the provisions of this Chapter, but in no event shall the provisions of said
prior law continue in force beyond the effective date of this Chapter for any purpose.
Upon the adoption of this Chapter and the appointment and confirmation of a Historic
Preservation Commission pursuant to Article 2 above, said Commission shall succeed to
all the rights, powers, and duties of the Historic Preservation Commission created
pursuant to City of Augusta Ordinance No. 5648.
Attachment number 21
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Item # 5
COMPREHENSIVE ZONING ORDINANCE
OF
AUGUSTA-RICHMOND COUNTY, GEORGIA
Editorial revision of the Ordinance adopted March 25, 1963, incorporating changes made
necessary by the Home Rule Provision of the Constitution of the State of Georgia of 1983, and
the consolidation of the City of Augusta and Richmond County, and other amendments between
November 15, 1983 and January 3, 2006.
DECEMBER 2010
Attachment number 22
Page 1 of 163
Item # 5
AN ORDINANCE BY THE AUGUSTA COMMISSION TO ADOPT A COMPREHENSIVE
ZONING PLAN, MAPS AND LAND USE REGULATIONS; TO REPEAL CONFLICTING
ORDINANCES AND FOR OTHER PURPOSES:
WHEREAS, the Augusta Commission, was authorized by the Home Rule Provision of
the Constitution of the State of Georgia of 1983 to: Establish planning commissions; provide for
the preparation and amendment of overall plans for the orderly growth and development of
municipalities and counties; provide for the regulation of structures on mapped streets, public
building sites, and public open spaces; repeal conflicting laws; and for other purposes; and
WHEREAS, the Augusta-Richmond County Planning Commission, created and
organized under the terms of the aforementioned Home Rule Provision, has made a study and
analysis of the areas of Augusta, Georgia and the said study and analysis now are complete and
a Comprehensive Zoning Plan consisting of the maps and regulations described herein for the
purposes described in the title of this Ordinance are now ready for adoption; and
WHEREAS, the Commission has held a public hearing on the proposed Comprehensive
Zoning Plan after giving more than fifteen (15) days notice of the time and place of such hearing
by publication in the Augusta Chronicle as provided by the official code of Georgia.
THEREFORE, BE IT ORDAIED by Augusta Commission as follows:
Attachment number 22
Page 2 of 163
Item # 5
TABLE OF COTETS
SECTIO
CHAPTER
PAGE
1 GEERAL PURPOSE 1-1
2 GEERAL DEFIITIOS 2-1
GEERAL PROVISIOS
3 Area and Setback Requirements 3-1
4 Off-Street Parking and Loading 4-1
5 Nonconforming Uses 5-1
USE DISTRICT CLASSIFICATIOS
6 District Definitions 6-1
AGRICULTURAL DISTRICT CLASSIFICATIO
7 A (Agricultural) Zone 7-1
RESIDETIAL DISTRICT CLASSIFICATIOS
8 R-1 (One-Family Residential) Zone 8-1
9 R-1A (One-Family Residential) Zone 9-1
10 R-1B (One-Family Residential) Zone 10-1
11 R-1C (One-Family Residential) Zone 11-1
12 R-1D (One-Family Residential) Zone 12-1
13 R-1E (One-Family Residential) Zone 13-1
14 R-MH (Manufactured Home Residential) Zone 14-1
15 R-2 (Two-family Residential) Zone 15-1
16 R-3A (Multiple-Family Residential) Zone 16-1
17 R-3B (Multiple-Family Residential) Zone 17-1
18 R-3C (Multiple-Family Residential) Zone 18-1
19 PUD (Planned Unit Development) Zone 19-1
20 PROFESSIOAL DISTRICT CLASSIFICATIOS
P-1 (Professional) Zone
20-1
BUSIESS DISTRICT CLASSIFICATIOS
21 B-1 (Neighborhood Business) Zone 21-1
22
B-2 (General Business) Zone 22-1
Attachment number 22
Page 3 of 163
Item # 5
TABLE OF COTETS
SECTIO CHAPTER
PAGE
IDUSTRIAL DISTRICT CLASSIFICATIOS
23 LI (Light Industry) Zone 23-1
24 HI (Heavy Industry) Zone 24-1
SPECIAL DISTRICT CLASSIFICATIOS
25 HPA (Historic Preservation Area) Zone (DELETED) 25-1
25-A PDR (Planned Development Riverfront) Zone 25A-1
25-B SCA (Special Sign Control Area) Zone (DELETED) 25B-1
25-C River Watch Parkway (DELETED) 25C-1
25-D Savannah River Corridor Protection District 25D-1
26 Special Exceptions in Any Zone
OTHER REGULATED USES
26-1
27 Manufactured Home Regulations 27-1
28 Airport Regulations 28-1
28-A
28-B
28-C
Telecommunication Facilities
Signs
Adult Entertainment
28A-1
28B-1
28C-1
28-D
29
Conservation Subdivisions
Exceptions and Modifications
28D-1
29-1
30 Building Permits and Site Plans 30-1
31 Certificate of Occupancy 31-1
32 Enforcement and Penalties 32-1
33 Board of Zoning Appeals 33-1
34 Location and Maintenance of Zoning Map 34-1
35 Amendments to the Ordinance 35-1
36 Effective Date 36-1
37 Severance Clause 37-1
Attachment number 22
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Item # 5
GEERAL PURPOSE
SECTIO 1
For the purpose of promoting health, safety, morals and the general welfare of the people of
Augusta including, among other things, present conditions and the future growth of Augusta with
due regard to its relations to neighboring territory and to guide and accomplish coordinated,
adjusted, and harmonious development which will, in accordance with present and future needs,
best promote health, safety, morals, order, convenience, prosperity and general welfare as well as
efficiency and economy in the process of development, including, among other things, adequate
provision for traffic, the promotion of safety from fire and other dangers, adequate provision for
light and air, the promotion of good civic design and arrangement, wise and efficient
expenditure of funds, and the adequate provisions of public utilities and other public
requirements as will tend to facilitate economical and adequate provisions for transportation,
roads, soil conservation, water supply, drainage, education, sanitation, recreation, conservation,
and development of the State's natural resources, fostering the State's agriculture and other
industries, and protecting the State's food supply, for the purpose of lessening traffic and other
hazards to life, limb, and health in the thickly populated areas, and the civil defense of the
population.
Attachment number 22
Page 5 of 163
Item # 5
2 - 1
GEERAL DEFIITIOS
SECTIO 2
Certain words and terms are defined as follows: Words used in the present tense include the
future; words in the singular number include the plural; and words in the plural number include
the singular. The word "building" includes the word "structure"; and the word "shall" is
mandatory and not directory. The term "Board of Zoning Appeals" shall mean the Augusta-
Richmond County Board of Zoning Appeals. The term "Commission" means the Augusta-
Richmond County Planning Commission as provided for in Title 8 of the Augusta-Richmond
County Code by virtue of the Home Rule Provision of the constitution of the State of Georgia of
1983. "Governing Body" means the Augusta Commission. "Roads" include streets, avenues,
boulevards, roads, highways, lanes, circles, drives, freeways, viaducts, alleys, and other public
ways. "Subdivision" means the division of a lot, tract, or parcel of land into two or more lots,
plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of
building development purposes other than agricultural. It includes re-subdivision, and when
appropriate to the content, relates to the process of subdividing or to territory subdivided.
“ACCESSORY BUILDIG" shall mean a subordinate building not more than one (1) story in
height, the use of which is incidental to that of the main building on the same lot or of which it
forms an integral part of the same lot. Accessory buildings shall not be designed and used for
residential purposes. They shall not contain bedrooms. If an accessory building contains
kitchen facilities of any description, then a deed restriction must be recorded stating that the
accessory building is not a residential structure and can never be occupied as such before a
permit may be issued. Accessory buildings may not be used to conduct home occupations or
serve as home offices. In no case may an accessory building have a separate electrical service.”
"ACCESSORY USE" shall mean the use customarily incidental and accessory to the principle
use of a building located upon the same building site as the accessory use.
"ADULT DAY CARE FACILITY" shall mean any place operated by a person, society,
agency, corporation, institution or group wherein are received for pay for group care, for fewer
than 24 hours per day of three (3) or more elderly or disabled persons that are over 17 years of
age.
"AIRPORT" shall mean Bush Field and Daniel Field.
"AIRPORT HAZARD" shall mean any structure or tree or use of land which obstructs the
airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise
hazardous to such landing or taking off of aircraft.
"APARTMET" shall mean a room, or suite of one or more rooms, which is designed or
intended for occupancy by, or which is occupied by, one family doing its own cooking therein or
by one person doing his or her own cooking therein.
"APARTMET HOUSE" shall mean any building or portion thereof which contains three or
more apartments, the occupants of any two or more which use any entrance or hall in common,
and all living units of which are intended to be maintained under single ownership.
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2 - 2
"AUTOMOBILE SALES" or "STORAGE YARDS” or "LOTS" shall mean an open premise
used for storage or sale of complete and operable automobiles.
"AUTOMOBILE WRECKIG YARD" or "AUTOMOBILE USED PARTS LOT" shall
mean any place where one or more vehicles not in running condition, or parts thereof, are stored
in the open or in any building or structure used principally for wrecking and storage of
automobiles not in running condition or automobile parts.
"BASEMET" shall mean a room or story partly underground and having at least one-half of
its height above the average level of the adjoining ground. A basement shall be counted as a
half-story if used for dwelling or business purposes.
"BUFFER" shall mean that portion of a lot, tract, or parcel set aside for open space and visual
screening purposes, pursuant to applicable provisions of this Ordinance, to separate different use
districts, or to separate uses on one property from uses on another property of the same use
district or different use districts.
"BUILDIG" shall mean a structure having a roof supported by columns or walls for the
shelter, support or enclosure of persons, animals, or chattels. When separated without
connections, each portion of such building shall be deemed a separate building.
"BUILDIG HEIGHT" shall mean the vertical distance measured from the level of the
established grade opposite the middle of the front of the building, to the highest point of a flat
roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for
a gable, hip, or gambrel roof.
"BUILDIG LIE" shall mean a line between which line and any street line of a district, lot,
tract, or parcel of land, no building or part of a building may be erected, altered, or maintained.
"BUILDIG, MAI" "MAI BUILDIG" shall mean a building in which is conducted the
principal use of the lot on which it is situated. In any residential district any dwelling shall be
deemed to be a main building on the lot upon which the same is situated. Main building when
used with the reference to ground coverage shall mean the dimension of the dwelling with the
porches and garages excluded.
"BUILDIG PERMIT" shall mean a written permit issued by the Chief Building Official of
Augusta-Richmond County.
"BUILDIG LIE SETBACK" shall mean the distance between the building line and the
street line in a district, lot, tract, or parcel of land.
"CELLAR" shall mean a room or story having more than one-half of its height below the
average level of the adjoining ground. A cellar shall not be counted as a story for purposes of
measured height.
"CHURCH" shall mean buildings and facilities owned or operated by a corporation,
association, person, or persons for a social, educational, religious or recreational purpose, but not
primarily for profit or to render a service which is customarily carried on as a business.
Attachment number 22
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2 - 3
"CLUB" shall mean buildings and facilities owned or operated by a corporation, association,
person, or persons for a social, educational, religious or recreational purpose, but not primarily
for profit or to render a service which is customarily carried on as a business.
"COMMISSIO" shall mean the Augusta-Richmond County Planning Commission.
"CODOMIIUM" shall mean an individual ownership unit in a multifamily structure,
combined with joint ownership of common areas of the building and grounds, in accordance with
all applicable provisions of the Apartment Ownership Act of 1963, as amended (Georgia Laws,
1963).
"COGREGATE PERSOAL CARE HOME" shall mean a building occupied by the
property owners, or by a person or persons employed by the property owners, and also occupied
by sixteen or more unrelated individuals who reside there and receive care and/or supervision
from the property owners or persons in their employment.
"COSERVATIO SUBDIVISIO – shall mean a ubdivision where a large percentage of the
overall acreage of the tract is permanently protected as greenspace and the remainder is divided
into lots.
"DAY CARE CETER" shall mean any place operated by a person, society, agency,
corporation, institution or group wherein are received for pay for group care, for fewer than 24
hours per day without transfer of legal custody 19 or more children under 18 years of age.
"DEPEDET TRAVEL UIT" shall mean a Travel Unit other than a self-contained Travel
Unit.
"DWELLIG" shall mean any building, or portion thereof, which is designed or used
exclusively for residential purposes.
"DWELLIG, OE-FAMILY" OR "OE-FAMILY DWELLIG" shall mean a building
containing but one housekeeping unit, and designed and used to house not more than one family
in a permanent manner, which may include not more than two boarders or lodgers.
"DWELLIG, TWO-FAMILY" OR "TWO-FAMILY DWELLIG" shall mean a building
containing not more than two housekeeping units, and designed or used to house not more than
two families, living independently of each other, each of which may include no more than two
lodgers or boarders.
"DWELLIG, MULTI-FAMILY" OR "MULTI-FAMILY DWELLIG" shall mean a
building designed for, or portion of a building having accommodations for, three or more
families being independent of each other, and each having its own kitchen and bath facilities.
This term includes premises occupied more or less permanently for residential purposes in which
the rooms are occupied in apartments, suites, or groups such as apartment units, tenement
houses, flats, apartment hotels, bachelor apartments, studio apartments, kitchenette apartments,
and all other dwellings similarly occupied.
Attachment number 22
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2 - 4
"EXPRESSWAY" shall mean a divided highway for through traffic with full or partial control
of access and generally with grade separations at intersections. It contains two lanes or more for
traffic going in opposing directions and divided by a median strip and designed so as to protect
the opposing flows of traffic and thus increase the safety and practical capacity of the road for
regional and inter-regional traffic.
"FAMILY" shall mean a group of one or two persons, or parents with their direct descendants
and adopted children (and including the domestic employees thereof), together with not more
than two persons not so related, living together in a room or rooms comprising a single
housekeeping unit. Family does not include a group occupying a club, sorority, or fraternity
house.
"FAMILY DAY CARE HOME" shall mean a private residence operated by any person who
receives therein for pay for supervision and care fewer than 24 hours a day, without transfer of
legal custody, three but not more than six children under 18 years of age who are not related to
such persons and whose parents or guardians are not residents in the same private residence.
"FAMILY PERSOAL CARE HOME" shall mean a building occupied by the property
owners, or by a person or persons employed by the property owners, and also occupied by three
but not more than six unrelated individuals who reside there and receive care and/or supervision
from the property owners or persons in their employment.
"FILLIG STATIO" shall mean any building or premises used solely for storing, dispensing,
servicing, sale, or offering for sale, at retail of any automobile fuels and lubricants and/or
automobile accessories, but not including major automobile repairing.
"FLEA MARKET" shall mean property which the owner rents, lends or leases the premises to
persons for use as a marketplace to barter, exchange, or sell secondhand goods. Yard sales at
residences are not flea markets, and craft shows shall not constitute flea markets.
"FRATERAL ORGAIZATIO" shall mean buildings and facilities owned or operated by
a corporation, association, person, or persons for a social, educational, religious or recreational
purpose, but not primarily for profit or to render a service which is customarily carried on as a
business.
"FROTAGE" shall mean the distance for which property abuts one side of a street, road,
highway, or other public way measured along the dividing line between the property and such
road or highway or other public way.
"FROTAGE ROADWAY" or "ACCESS STREET" shall mean a roadway contiguous to
and generally paralleling an interstate highway, expressway, major street or highway, or through
street or highway and designed so as to intercept, collect and distribute traffic desiring to cross,
enter, or leave such facility and to furnish access to property which would otherwise be isolated
as a result of controlled access features peculiar to topographic conditions.
"FUERAL HOME" shall mean a building or part thereof used for human funeral services.
Such building may contain space and facilities for:
a) embalming and the performance of other services used in preparation of the dead
for burial;
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b) the performance of autopsies and other surgical procedures;
c) the storage of caskets, funeral urns, and other related funeral supplies; and
d) the storage of funeral vehicles, but shall not include facilities for cremation.
Where a funeral home is permitted, a funeral chapel shall also be permitted.
"GARAGE" shall mean a building used for the storage or housing of motor driven vehicles.
"GARAGE, PRIVATE" OR "PRIVATE GARAGE" shall mean a garage intended for, and
owned or used by, the members of a family resident upon the premises, provided that not more
than one-half of the garage space may be rented for private vehicles owned or used by persons
not residing on the premises, except that all the space in a garage of one- or two-car capacity
may be so rented. Such a garage shall not include those used by more than one (1) commercial
vehicle per family resident on the premises, and no such commercial vehicle shall exceed two (2)
ton capacity, nor shall such garage provide for the repair or equipping of such vehicles.
"GARAGE, SERVICE" shall mean a garage used for repair of vehicles.
"GARAGE, STORAGE" shall mean a garage used primarily for storage of vehicles.
"GOVERIG BODY" shall mean the Augusta Commission.
"GREESPACE" shall mean an area permanently protected for the common use of the general
public or for the common use of the residents of a development, and in its natural state or
developed only to an extent conforming to these regulations.
"GROUP DAY CARE HOME" shall mean any place operated by a person, society, agency,
corporation, institution or group wherein are received for pay not less than seven nor more than
18 children under 18 years of age for care and supervision less than 24 hours a day.
"GROUP PERSOAL CARE HOME" shall mean a building occupied by the property
owners, or by a person or persons employed by the property owners, and also occupied by seven
but not more than fifteen unrelated individuals who reside there and receive care and/or
supervision from the property owners or persons in their employment.
"GUEST ROOM" shall mean a room which is designed or intended for occupancy by, or which
is occupied by, one or more guests, but in which no provision is made for cooking, and not
including dormitories for sleeping purposes.
"HOME OCCUPATIO" shall mean an activity carried out for gain by a resident conducted
as an accessory use in the resident's dwelling unit.
"HOMEOWERS ASSOCIATIO" shall mean an incorporated, nonprofit organization
operating under recorded land agreements through which (a) each lot owner in a planned unit or
other described land area is automatically a member, and (b) each lot is automatically subject to
a charge for a proportionate share of the expenses for the organization's activities, such as
maintenance of common property.
"HOSPITAL" shall mean an institution providing health services primarily for human in-
patient medical or surgical care for the sick or injured and including related facilities such as
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laboratories, outpatient departments, training facilities, central services facilities, and staff offices
that are an integral part of the facilities.
"HOTEL" shall mean any building containing sleeping rooms for the more or less temporary
occupancy of individuals who are lodged, with or without meals, where guest rooms are accessed
through a central area or main lobby, and where the structure exceeds two stories in height.
"HOTEL - EXTEDED STAY" shall mean a building containing guest rooms rented for
temporary lodging where guest rooms are accessed through a central area or main lobby and
where half or more than half of the rooms have kitchenettes or some kitchen facilities.
"HOTEL, APARTMET" shall mean any building which satisfies both the definition of a
multiple-dwelling house and that of a hotel as defined by this section.
"IERT FILL AREA" shall mean a disposal facility accepting only materials limited to earth,
earth-like products, concrete, cured asphalt rock, bricks, yard trimmings, stumps, limbs, and
leaves. This definition excludes industrial and demolition waste not specifically listed above.
For the purpose of this ordinance, filling of land which is not specifically related to a subdivision
development plan or a site plan which has been filed with the Planning Commission shall be
defined as an inert fill area if the volume of fill is expected to exceed 5,000 cubic yards.
"ITERSTATE HIGHWAY" shall mean a divided highway with limited access designed
primarily for interstate travel. It is an integral part of a nationwide highway network connecting
principal cities, with four or more traffic lanes separated by a median strip to provide maximum
safety for motorists.
"JUKYARD" shall mean any place where waste, discarded or salvaged materials are bought,
sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled; including automobile
wrecking yards, automobile used parts lots, used lumber yards, salvaged building materials,
salvaged household appliances, or other types of machinery; but excluding establishments for the
sale, purchase, or storage of used automobiles in running condition, used furniture, or salvaged
materials used as part of a manufacturing process on the same site.
"LAD" or "TERRITORY SUBDIVISIO" shall mean a parcel or tract of land, the
dimensions of which are shown on a map and filed with the Clerk of the Superior Court of
Augusta-Richmond County, Georgia, as of the date of the adoption of this Ordinance.
"LADIG AREA" shall mean the area of the airport used for the landing, takeoff, or taxiing
of aircraft.
"LAE" shall mean a public thoroughfare which ordinarily affords only a secondary means of
access to abutting property and which is not more than twenty (20) feet wide.
"LOCAL GOVERMET ETERPRISES" shall mean the Augusta-Richmond County
Commission governmental functions such as schools, municipal or county office buildings,
playgrounds, parks, reservations, public transit terminals, public golf courses, fire stations, police
stations and substations, and similar institutional uses.
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"LODGIG" or "BOARDIG HOUSE" shall mean a building designed or used for the more
or less permanent occupancy, with or without meals, of more than two lodgers or boarders
whether the compensation be paid directly or indirectly.
"LOT" or "LOT PLAT" shall mean a lot or a parcel of land occupied, or intended to be
occupied by, a principal building or use and any accessory building and uses customarily
incidental to it, and including open spaces not less in extent than those required in connection
therewith by the Ordinance. For the purpose of this Ordinance, the terms lot, parcel, and tract
are used synonymously.
"LOT, CORER" "CORER LOT" shall mean a lot which abuts on two or more streets
and/or roads at their intersection or upon a curved street, provided that the two sides of the lot, or
the tangents to the curve of the street line at its starting points at or within the side lines of the
lot, intersects to form an interior angle of not more than 135 degrees.
"LOT DEPTH" shall mean the distance between front and rear lot lines. If two (2) opposite
sides of said lot are not parallel, the depth shall be deemed to be the mean distance between the
front and rear lot lines.
"LOT WIDTH" shall mean the width of the lot measured at the setback line.
"LOT LIE, FROT" shall mean any lot line contiguous to a street right-of-way.
"LOT LIE, REAR" shall mean the rear lot line boundary opposite the lot line which the
principal building fronts. The rear lot line of an irregular or triangular lot shall be for the
purpose of this Ordinance a line not less than ten (10) feet long, lying wholly within the lot, and
parallel to and farthest distance from the front lot line.
"LOT OF RECORD" is a parcel of land the dimensions of which are shown on a map on file
with the Clerk of Superior Court of Richmond County, Georgia, or in common use by county
officials, and which actually exists as so shown, or any part of such parcel held in a recorded
ownership separate from the ownership of the remainder thereof. All lots recorded after
adoption of this Ordinance shall front on and have ingress and egress by means of a public street,
road, highway or private lane.
"LOT LIE, SIDE" shall mean a side lot boundary line that is not a front lot line or a rear lot
line.
"MAUFACTURED HOME" a structure, transportable in one or more sections, which, in the
traveling mode, is eight body feet or more in width and forty body feet or more in length, or,
when erected on site, is three hundred twenty or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent
foundation.
"MAUFACTURED HOME PARK" shall mean any site, lot, parcel, or tract of land upon
which two or more manufactured homes are placed in accordance with Section 27 of this
Ordinance.
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"MAUFACTURED HOME SPACE" shall mean a unit of ground, as prescribed by Section
27 of this Ordinance, which shall be clearly indicated by corner markers on which may be placed
a Manufactured Home as defined by this Ordinance.
"MAP, OFFICIAL" "OFFICIAL MAP" shall mean the official zoning map of Augusta
which shows the boundaries of the various districts superimposed upon the Property Map and
Record System for Augusta, Georgia.
"MASTER PLA" shall mean any legally adopted part, maps, or element of any Master Plan
as provided for in Title 8 of the Augusta-Richmond County Code by virtue of the Home Rule
Provision of the Constitution of the State of Georgia of 1983. Such Master Plan may be entitled
a "Comprehensive Plan", "Land Use Plan", or other similar terminology.
"MII-WAREHOUSE" shall mean a one-story building with separate enclosed compartments
for the storage of personal goods.
"MOTEL" shall mean any building containing sleeping rooms for more or less temporary
occupancy of individuals who are lodged with or without meals and where the design favors a
direct vehicular approach to each sleeping or living room. Any building or structure exceeding
two stories in height shall be classified as a Hotel rather than a Motel.
"MOTEL - EXTEDED STAY" shall mean a building containing guest rooms rented for
temporary lodging where the design favors a direct vehicular approach to each room and where
more than two rooms have kitchenettes or some kitchen facilities.
"ATURAL GRADE" shall mean the elevation of the ground adjoining the building.
"O-COFORMIG USE" shall mean any use of land, buildings, trees, or structures that
did not conform to the regulations of the district in which it was situated as of March 25, 1963 or
at such time as amendments to this Ordinance occur.
"URSIG HOME" shall mean a facility that provides full health and continuous nursing care
of three (3) or more elderly or disabled persons but not including hospitals, clinics, or similar
institutions devoted primarily to diagnosis and treatment.
"PARKIG LOT" shall mean a parcel of land devoted to unenclosed parking spaces which
may include partially enclosed one-story buildings, and where a charge is made for storage or
parking of vehicles.
"PARKIG LOT, ACCESSORY" shall mean a parcel of land used by an individual,
partnership, firm, or corporation in any commercial or industrial district exclusively for the
parking of vehicles of its employees or customers, and for which no charge is made.
"PARKIG SPACE" shall mean an area of appropriate dimensions per Section 4 of this
Ordinance, exclusive of access or maneuvering area, or ramps or columns, etc., to be used
exclusively as a temporary storage space for private motor vehicles. Truck loading space shall
not be included in such area. When the application of a unit of measurement for parking spaces
to a particular use or structure results in a fractional space, any fraction under one-half shall be
disregarded and fractions of one-half or over shall be counted as one space.
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"PAROCHIAL SCHOOL" shall mean a facility that provides a curriculum of elementary
and/or secondary academic instruction that is owned and operated by a religious institution.
PERMAET PROTECTIO - LAD AD/OR WATER WHICH IS:
(1) Owned by the Federal, State, or Local Government and permanently designated
for recreation, conservation, or natural resource protection; or
(2) Privately owned and subject to a conservation easement that ensures that the land
will be maintained as greenspace and used only in perpetuity for recreation,
conservation, or natural resource protection; or
(3) Privately owned and subject to a permanent restrictive covenant provided for in
O.C.G.A. 44-5-60 (c); or
(4) Privately owned and permanently legally protected by any other method that
ensures that the property will remain forever as greenspace and be used only for
recreation, conservation, or natural resource protection.
"PERMITTED USE" shall mean a use of land that is permitted or allowed “by right”, and does
not constitute a nonconforming use, and therefore requires no further rezoning or granting of a
special exception.
"PERSO" shall mean any individual, firm, copartnership, corporation, company, association,
joint stock association or body politic, and includes any trustee, receiver, assigns or other similar
representative thereof.
"PERSOAL CARE HOME" shall mean a building occupied by the property owners, or by a
person or persons employed by the property owners, and also occupied by unrelated individuals
who reside there and receive care and/or supervision from the property owners or persons in their
employment. A personal care home shall provide care for elderly and/or handicapped persons.
Personal Care Homes shall be classified as: Family Personal Care Homes, Group Personal Care
Homes, and Congregate Personal Care Homes.
"PLAIG COMMISSIO" shall mean the Augusta-Richmond County Planning
Commission.
"PLATIG STRIP" shall mean the portion of the street between the curb and the property
line exclusive of the area occupied by the sidewalk.
"PRIVATE SCHOOL" shall mean a facility that provides a curriculum of elementary and/or
secondary academic instruction that is owned and operated by a private entity.
"PUBLIC OTICE" shall mean a notice published once in a newspaper of general circulation
in Augusta-Richmond County, Georgia, at least 15 days prior to a public hearing concerning
proposed changes or amendments to this Ordinance including the maps thereto, setting forth the
time, place, and purpose of said hearing, shall be deemed a public notice.
“RECREATIOAL VEHICLES” For the purpose of this ordinance, any of the following
vehicles designed for travel, recreation, and vacation uses: motorhome ( a portable, temporary
dwelling constructed as an integral part of a self-propelled vehicle); van ( a portable, temporary
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dwelling constructed as an integral part of a self-propelled vehicle); pickup camper (a structure
designed to be mounted on a truck chassis); recreational trailer (a portable structure built on a
single chassis, 400 square feet or less when measured at the largest exterior horizontal
projections); park trailer (a semi-portable structure built on a single chassis which does not
exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when
constructed to USDHUD standards); or tent trailer (a canvas or synthetic fiber folding structure
mounted on a hard body base and towed by a vehicle).
"ROADWAY" "TRAVELED WAY" or "STREET SURFACE" shall mean that portion of a
road which is improved, designed, or ordinarily intended for vehicular use. Divided roads and
roads with frontage or access roads have more than one roadway. On undivided roads without
frontage roadways or access roads, the roadway width lies between the curb lines or between the
pavement edges, whichever is appropriate.
"SERVICE BUILDIG" shall mean a building or structure located within a Manufactured
Home Park or Travel Trailer Park for the welfare and convenience of the occupants of the
Manufactured Home Park or Travel Trailer Park within which such Service Building is located.
Such Service Building shall not be made available for the use of any person not residing in the
Manufactured Home Park or Travel Trailer Park within which such Service Building is located.
"SETBACK" shall be an unoccupied area of a lot, open and unobstructed from the ground to
the sky, except as otherwise provided for in this Ordinance. For the purpose of this Ordinance
the words "setback" and "yard" are synonymous.
"SIGLE-FAMILY ATTACHED BUILDIG" shall mean a building containing two or more
single- family attached dwelling units joined at one or more points by one or more party walls or
other common facility not including the walls of an enclosed courtyard or similar area.
"SIGLE-FAMILY ATTACHED DWELLIG" shall mean a dwelling unit on an individual
lot attached to another dwelling unit on an adjoining lot by a common party wall.
"SIGLE-FAMILY ATTACHED SUBDIVISIO" shall mean a subdivision development of
a single-family attached or other dwellings developed in accordance with the provisions of
Section 13 and the Subdivision Regulations for Augusta-Richmond County Commission.
"STORY" shall mean the vertical distance of a building included between the surface of any
floor and the surface of the next floor above it, or if there be no floor above it, then the space
between such floor and ceiling next above it, provided that a cellar shall not be considered a
story. Attic or basement space is construed as one-half.
"STREET" shall mean a public thoroughfare, where public title to land extends between right-
of-way lines. Whenever the sense of the law or these regulations so require, the word "Street"
shall include avenue, drive, circle, road, highway, or similar terms as they are generally
understood.
"STREET, ARTERIAL" shall mean a street designated as either a principal arterial or a minor
arterial that is a facility of such significance that it serves traffic passing through the Augusta
area or connects rural and urban traffic or serves major traffic movements within the urbanized
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area. Arterial streets in Augusta have been designated by the functional classification system
adopted by the Augusta Regional Transportation Study.
"STREET, COLLECTOR " shall mean a street that provides both land access service and
traffic circulation within residential, commercial, and industrial areas. Collector streets are
facilities which collect traffic from internal local streets and distribute it to the arterial system.
Collector streets in Augusta have been designated by the functional classification system adopted
by the Augusta Regional Transportation Study.
"STREET, DEAD ED" shall mean a street with no outlet at one end.
"STREET GRADE" shall mean the grade of the curb or centerline of the street upon which the
lot abuts at the midpoint of the frontage.
"STREET, IDUSTRIAL" or "BOULEVARD" shall mean a street of some continuity used
primarily by all forms of commercial or industrial vehicular traffic and used for
intercommunication between commercial areas and residential areas and industrial districts, or
between industrial districts.
"STREET LIE" or "RIGHT-OF-WAY LIE" shall mean the dividing line between a lot,
its property line or lines, and a public right-of-way, a public street, road or highway, over which
two or more abutting property owners have an easement of right-of-way.
"STREET, MAJOR " or "HIGHWAY" shall mean a highway used primarily for through
traffic, usually on a continuous route, with intersections at grade and having direct access to
abutting property, and on which geometric design and traffic control measures are used to
expedite the safe movement of through traffic.
"STREET, MIOR" or "LOCAL" shall mean a street primarily for access to abutting
property.
"STREET, RURAL" or "ROAD" shall mean a street supplementary to the major street
system, which primarily serves agricultural areas or other lands not subdivided for residential
use.
"STREET WIDTH" shall mean the horizontal distance between the right-of-way lines of the
street, measured at right angles to the right-of-way lines.
"STRUCTURE" shall mean anything constructed or erected, the use of which requires more or
less permanent or semi-permanent location on the ground or the attachment to something having
a permanent location on the ground or water. (The term shall include all types of buildings,
houses, gazebos, above-ground swimming pools, in-ground swimming pools, hot tubs, heating
and air conditioning equipment, house trailers, manufactured homes, stores, commercial
manufactured units, gasoline canopies and gasoline pumps, car washes, advertising signs,
billboards, structures from which products are vended, and tents and canopies which are in place
more than two consecutive days during any calendar quarter).
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"STRUCTURAL ALTERATIO" shall mean any change in the supporting members of a
building or structure, such as bearing walls, columns, beams, girders, floor joists, or roof joists,
or in the exterior walls.
"SUBDIVISIO" shall mean the division of a lot, tract or parcel of land into two or more lots,
plats, sites or other division of land for the purpose, whether immediate or future, of sale or of
building development for purposes other than agricultural. It includes re-subdivision and, when
appropriate to the context, relates to the process of subdividing or to the land or territory
subdivided.
"THROUGH STREET" or "HIGHWAY" shall mean every street or highway or portion
thereof at the entrance to which vehicular traffic from intersecting highways is required by law to
stop before entering or crossing the same and when stop signs are erected. It generally is radial
or circumferential in relation to present heavily populated areas and is intended to provide
continuous, wide, direct and adequate routes designed to insure the future stability of the
expanding urban areas within Augusta and the region. They usually include all state and federal
highways not otherwise designated in the Master Plan.
"TOURIST HOUSE" shall mean a private dwelling that supplies temporary accommodations
to overnight guests for a fee which may or may not include the preparation of meals.
"TRASITIO HOUSIG" shall be housing designed for and/or used for occupancy
predominantly by a series of short term tenants. For the purpose of administering and enforcing
Section 26-1 (g) of this Ordinance short term shall be defined as less than 120 consecutive days.
The following uses and similar uses shall be considered to be transition housing: temporary
quarters for occupancy by visitors to area hospitals, a facility for victims of physical abuse, and
temporary quarters for tenants receiving assistance from public or private social programs.
"TRAVEL TRAILER" shall mean a vehicular portable structure, designed as a temporary
dwelling for travel, recreational, and vacation uses, which is identified on the unit as a Travel
Trailer and is not more than eight (8) feet in body width, and is of any weight provided its length
is not more than twenty-nine (29) feet, and is of any length provided its gross weight, factory-
equipped for the road, is not more than 4,500 pounds.
"TRAVEL TRAILER PARK" shall mean any site, lot, parcel, or tract of land upon which
Travel Units are placed in accordance with the requirements of this Ordinance.
"TREE" shall mean any object of natural growth.
"VETERIARIA CLIIC" shall mean a facility that provides medical treatment for diseases
and injuries to animals. A veterinarian clinic may have some indoor boarding of animals that is
incidental to and associated with the primary goal of the facility which is providing care and
treatment to animals.
"YARD" shall mean an unoccupied area of a lot, open and unobstructed from the ground to the
sky, except as otherwise provided in this Ordinance.
"YARD, FROT" shall mean an open space extending the full width of a lot and of a depth
measured horizontally at right angles from the front lot line to the front of the structure.
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"YARD SALE" shall mean an infrequent event (less than three (3) times per calendar year and
lasting no more than three days) conducted on property in R-Zoned districts where used
household goods and personal items are offered for sale to the general public by the owner or
tenant of the property or by a group of owners or tenants. Holding three (3) or more yard sales
during a calendar year at the same address shall be considered to be a retail use and the property
owner shall be required to obtain a suitable zoning classification prior to continuing the activity.
"YARD, SIDE" shall mean an open space extending along the side line of a lot between the
front yard and the rear yard and of a width measured horizontally at right angles from the side lot
line to the side of the structure.
"YARD, REAR" shall mean an open space extending the full width of a lot of a depth measured
horizontally at right angles from the rear lot line to the rear of the structure.
Amended January 2008 – Accessory Buildings & Recreational Vehicles
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GEERAL PROVISIOS
SECTIO 3
AREA AD SETBACK REQUIREMETS
3-1 Area and Setback Requirements: Except as hereinafter provided, no building or
structure shall be erected on a lot unless such building or structure, enlargement, addition,
or alteration conforms with the area regulations and setback requirements of the zone in
which it is located.
3-2 Reduction of Lot Area: No lot shall be reduced or diminished so that the yards, other
open space, or total lot area shall be smaller than prescribed by this Ordinance nor shall
the density of housing units be increased in any manner except in conformity with the
regulations herein established.
3-3 Recorded Lots Less Than Minimum Area: Lots of Record at the time of enactment of
this Ordinance, which have less than the minimum requirements for an R-Zone, may
nevertheless be used for uses permitted in respective zones if all standards other than
those related to lot area can be met. All other lots in an R-Zone shall be in accordance
with the respective zone requirements.
3-4 Yards Applying to Only One Building: No required yard or other open space around
an existing building, or which is hereafter provided around any other building for the
purpose of complying with the provisions of this Ordinance, shall be considered as
providing a yard or open space for any other building; nor shall any yard or other
required open space on an adjoining lot be considered as providing a yard or open space
on a lot whereon a building is to be erected.
3-5 Only One Main Building on a Lot: Every building hereafter shall be located on a lot
herein defined. In no case shall there be more than one main residential building and its
accessory building on one lot. Row dwellings or a unit group of dwellings may be
considered as one main residential building.
3-6 Intersection Visibility and Corner Setback: In all zones, except B-2, LI, and HI Zones,
no construction, fence, hedge, bushes, or other obstruction to a clear view which extends
over three (3) feet in height shall be permitted at any corner of intersecting streets where
either or both of the streets are less than sixty (60) feet in width within the area formed by
the legs of a triangle whose apex is a point of intersection of the centerline of the
traveled roadways and the legs of which are sixty (60) feet in length along the
centerlines, and the hypotenuse of which is the line connecting the end of said legs.
Exceptions shall be made for utility pole lines, lighting standards, post office boxes,
traffic signs, and trees, the branches of which are kept trimmed to a height of eight (8)
feet above the ground.
3-7 Front Yard on a Through Lot: At each end of a through lot there shall be a front yard
depth required by this Ordinance for the zone in which each street frontage is located.
3-8 Group Housing: DELETED
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3-9 Building Setbacks: DELETED
Building Setbacks: On every road, street, or highway, which conforms to the definition
of arterial, collector, industrial or major streets or highways, no building, structure, or
obstruction or part of a building or structure or obstruction of any character shall be
erected on any land abutting the road, street, or highway nearer than forty (40) feet from
the right-of-way line of such road, street, or highway. On all other streets the minimum
setback shall be 30 feet., except that in the various zones the minimum setback may be
reduced or increased as set forth under the provisions for those specific zones. This
setback shall not apply to any sign advertising the principal use of the property on which
such sign is erected or placed; provided, however, that no part of any such sign or its
supporting structure shall be placed nearer than ten (10) feet from the right-of-way line of
any road, street, or highway. Off Premises Outdoor Advertising Signs as defined in this
Ordinance, shall not be thus exempted shall meet all setbacks required for other structures
as provided elsewhere in this Ordinance. No sign of any kind shall be located within any
setback required under Section 3-12 of this Ordinance.
3-11 Building Setbacks: These regulations regarding building setbacks shall be applicable to
any new roads, streets, or highways hereafter laid out to the same extent as to roads,
streets, or highways in existence and of public record at the time of the adoption of this
Ordinance. They shall likewise be applicable to any roads, streets, or highways or areas
which have been or may be designated as arterial highways on any Thoroughfare Plan,
proposed or adopted by the Augusta-Richmond County Planning Commission or by the
United States Department of Transportation or State Governmental Authority showing
the location, or proposed location, of roads, streets, or thoroughfares in Augusta-
Richmond County. The only sign of any kind shall be the standard highway sign
marking system.
3-12 Special Building Setbacks: No building, structure, or part thereof or obstruction
of any character including the minimum required off-street parking spaces for a
land use included in Section 4 of this Ordinance, shall be erected, or altered,
regardless of the use thereon, on any lot:
(a)* Nearer than forty (40) feet from the right-of-way line on either side of
Fifteenth Street from Wrightsboro Road to Martin Luther King Jr.
Boulevard.
(b)* DELETED.
(c)* Nearer than forty-five (45) feet from the right-of-way line on either side
of Claussen Road from a point 1000 feet south of its intersection with the
CSX Railroad line south to the intersection with Stevens Creek Road.
(d)* Nearer than one hundred (100) feet from the centerline of Windsor Spring
Road from Tobacco Road to Patterson Bridge Road.
(e)* DELETED
(f)* DELETED
(g) DELETED
(h)* Nearer than forty (40) feet from the right-of-way line on either side of
Bertram Road.
(i)* DELETED.
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(j) Nearer than forty (40) feet from the right-of-way line on either side of
Berckmans Road from Washington Road to Wheeler Road.
(k) Nearer than forty (40) feet from the right-of-way line of either side of
Wrightsboro Road from Highland Avenue to Fifteenth Street.
(l)* Nearer than forty-five (45) feet from the right-of-way line of Pleasant
Home Road from Washington Road to the Bobby Jones Expressway.
(m) DELETED
(n)* Nearer than forty-five (45) feet from the right-of-way line of Flowing
Wells Road from Wrightsboro Road to Frontage Road.
(o) Nearer than forty (40) feet from the right-of-way line of Stevens Creek
Road from Frontage Road to the Columbia County Line.
(p) Nearer than forty (40) feet from the right-of-way line of Marks Church
Road from Wrightsboro Road to Wheeler Road.
(q)* DELETED
(r)* Nearer than forty-five (45) feet from the right-of-way line of
Meadowbrook Drive from Windsor Spring Road to Deans Bridge Road.
(s)* Nearer than seventy (70) feet from the right-of-way line of Wrightsboro
Road from Barton Chapel Road to the Richmond/Columbia County Line
except for the area around the Dyess Parkway intersection which has
already been widened to five or more lanes. This excluded area begins
500 feet east of the intersection of Powell Road and ends 1000 feet west of
the intersection of Dyess Parkway.
(t) Nearer than forty (40) feet from the right-of-way line of Milledgeville
Road from the east intersection with Gordon Highway (U. S. Highway
#78, #278) to the west intersection with Gordon Highway (U. S. Highway
#78, #278) near Madrid Drive.
(u)* Nearer than forty-five (45) feet from the right-of-way line of Phinizy
Road from U. S. Highway #25 to State Highway #56.
(v)* Nearer than forty-five (45) feet from the right-of-way line of Rosier Road
from Windsor Spring Road to U. S. Highway #25.
(w)* Nearer than forty-five (45) feet from the right-of-way line of Barton
Chapel Road from Wrightsboro Road to Gordon Highway.
(x)* Nearer than forty-five (45) feet from the right-of-way line on either side
of Alexander Drive.
(y)* Nearer than forty-five (45) feet from the right-of-way line of Brown
Road from U. S. Highway #25 to State Highway #56.
(z)* Nearer than forty-five feet from the right-of-way line of Willis Foreman
Road from U. S. Highway #1 to U. S. Highway #25.
(aa) Nearer than forty (40) feet from the right-of-way line of Hephzibah-
McBean Road from Story Mill Road to GA Highway 56.
(bb) Nearer than forty (40) feet from the right-of-way line of old Waynesboro
Road from GA Highway 56 to Burke County Line.
(cc) Nearer than forty (40) feet from the right-of-way line of Powell Road from
Wrightsboro Road to Gordon Highway.
(dd) Nearer than forty (40) feet from the right-of-way line of Belair Road, from
Wrightsboro Road to Wrightsboro Road.
Attachment number 22
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(ee) Nearer than forty (40) feet from the right-of-way line of Morgan Road
from Tobacco road to US Highway #1.
(ff) Nearer than 70 feet from the right-of-way of S.R. 56 from Tobacco Road
to Bennock Mill Road.
Amended August 2008 – Section 3-12 (ff)
Amended August 2008 – Section 3-12 (f) (g) & (m) - deleted
Amended January 2005 – Section 3-12
Amended August 2004 - Section 3-12 (s)
Attachment number 22
Page 22 of 163
Item # 5
4 - 1
GEERAL PROVISIOS
SECTIO 4
OFF-STREET PARKIG AD LOADIG
Purpose: In order to relieve traffic congestion in the streets, to minimize any effects of off-
street parking areas on adjacent properties, and to ensure the proper and uniform development of
off-street parking areas throughout Augusta, off-street parking and loading spaces for every use
shall be provided in accordance with the standards established in this section.
4-1 General Requirements for Off-Street Parking: Following are the general requirements
for this section:
(a) All off-street automobile storage or parking facilities shall be designed with
appropriate means of vehicular access to a street or lane. Except for single-family
or two- family dwellings fronting on a minor or local street, no required off-street
parking facilities shall be arranged so as to require backing from the space
directly onto a public street.
(b) General off-street parking plans shall be submitted as part of a proposed site plan.
Such plans shall show the proposed layout of all parking areas, the total number
of off-street parking spaces to be provided, and the dimensions of the typical
individual parking space. Off-street parking plans including driveways and curb
cuts shall be approved by the Planning Commission Staff.
(c) Individual parking spaces shall have the minimum dimensions of nine (9) feet in
width and eighteen (18.0) feet in length unless off-street parking is to be provided
in common parking bays or lots. Common parking bays or lots shall meet the
minimum dimensional requirements illustrated in the following chart.
(d) All common off-street parking bays shall be graded to provide adequate drainage
and shall be paved with an all weather material or equivalent surface subject to
the approval of the City Engineer.
(e) Along those lot lines of an off-street parking area which abuts a residential
district, a solid screen (i.e. fence, wall, or berm) of no less than six (6) feet in
height shall be erected. The screen shall conform to the Augusta Tree Ordinance
and continue for the entire length of the property line abutting a residential
district.
(f) A curb cut shall be located as far as practical from the intersection of the right-of-
way lines of two streets, and no curb cut shall be permitted within fifty (50) feet
of an intersection. Each parcel that is in ownership separate from the ownership
of contiguous parcels shall be entitled to at least one curb cut per street front.
Except in single-family residential zones, curb cuts shall be at least 100 feet apart
where practical. Except in single-family residential zones, shared driveways are
encouraged, and where practical a driveway that is not a shared driveway shall be
at least fifty (50) feet from a property line.
(g) Any light used to illuminate required parking areas shall be arranged so that the
light is reflected away from adjacent properties.
(h) No sign (permanent or temporary), light standard, or screening material shall be
placed so as to inhibit the orderly use of a parking facility or in a manner which
reduces the number of usable parking spaces. No sign, light standard, or
Attachment number 22
Page 23 of 163
Item # 5
4 - 2
screening material shall be placed so that it obstructs visibility for drivers or
pedestrians.
(i) All off-street parking spaces located in common parking bays or lots shall be
marked by a durable painted stripe designating no less than the required minimum
parking space area.
(j) No motor vehicle repair work of any kind shall be permitted in conjunction with
off-street parking areas except minor repair on vehicles owned by the occupant or
resident of the principal use for which the off-street parking is intended.
(k) If the required off-street parking space cannot be reasonably provided on the same
lot, tract, or parcel on which the principal use is conducted, the applicant may be
permitted to provide such space on other off-street property, provided such space
lies within 300 feet of the property line of the principal use. Such space may be
parking provided for other uses, provided the utilization of the parking area by the
proposed uses does not conflict with the activities associated with the primary
use, and that the applicant obtains written authorization for utilization of the
parking facility on a continuing basis.
(l) The provisions of the Augusta-Richmond County Tree Ordinance related to
parking lots (Augusta Code Section 8-4-1) shall be complied with.
(m) No required parking may be located within any “special setback” area per Section
3-12 of this Ordinance.
Attachment number 22
Page 24 of 163
Item # 5
4 - 3
Attachment number 22
Page 25 of 163
Item # 5
4 - 4
4-2 Off-Street Parking Requirements for all Areas Except Central Business District
(CBD): Off-street automobile storage or parking space shall be provided with vehicular
access to a public street and shall be equal to or greater than the minimum requirements
for the specific use set forth below.
Land Use Parking Requirements
(a) Dwelling Structures
(1) One and Two Family Two (2) spaces for each dwelling unit.
(2) Multifamily, efficiency
and one bedrooms
One and one-half (1.5) spaces for each
dwelling unit.
(2.1) Multifamily, two or
more bedrooms
Two (2) spaces for each dwelling unit.
(3) DELETED
(4) Fraternity and Sorority
Houses
One (1) space for each two (2) beds or
one (1) space for each five (5)
members, whichever is greater.
(5) Manufactured Home Two (2) spaces for each dwelling unit.
(b) Public Assembly
(1) Churches and other places
of worship
One (1) space for each three (3) seats
per maximum capacity of the main
sanctuary.
(2) Private clubs, lodges and
fraternal buildings not
providing overnight
accommodations.
The number of spaces required shall be
determined by the Planning
Commission staff on the basis of the
type of use proposed, its intended
occupancy, and seating arrangement.
(3) Theaters, auditoriums,
coliseums, stadiums,
and similar places of
Assembly
One (1) space for each four (4) seats
based on the maximum capacity.
(4) Libraries, museums One (1) space for each 300 square feet
of gross floor area.
(5) Schools, by type:
Elementary and Junior High Two (2) space per classroom at
maximum occupancy.
Senior High Seven (7) spaces per classroom at
maximum occupancy.
Colleges and trade
Schools
One (1) space per two students at
maximum occupancy.
(6) Kindergarten or day care
centers
One (1) space for each four (4) children
at maximum occupancy.
Attachment number 22
Page 26 of 163
Item # 5
4 - 5
Land Use Parking Requirements
(7) Skating rinks, exhibition
halls, pool rooms, and other
places of amusement or
assembly without fixed
seating arrangements
One (1) space for each 200 square feet
of floor area intended for public use.
(8) Bowling Alleys Four (4) spaces per alley.
(9) Recreational facilities not
elsewhere specified
The number of spaces required shall be
determined by the Planning
Commission staff on the basis of the
type of use proposed, its intended
occupancy, and seating arrangements.
(c) Health Facilities
(1) Hospitals One and one-half (1.5) spaces for each
bed.
(2) Sanitariums, nursing homes,
personal care homes, group
Homes, and similar institutional
uses.
One (1) space for each three (3) beds,
or one space per three (3) residents
whichever is appropriate at maximum
occupancy.
(3) Medical, dental, and health
clinics and offices
One (1) space for each 200 square feet
of gross floor area.
(4) Mortuaries and funeral
parlors
One space for each 150 square feet of
gross floor area
(5) Veterinary clinics, kennels,
and animal hospitals
One (1) space for each 200 square feet
of enclosed area.
(d) Commercial Establishments
(1) Automobile repair
establishments
One (1) space for each 300 square feet
of floor space.
(2) Convenience stores (gas/food
marts) and similar establishments.
One (1) space for each 150 square feet
of floor area.
(3) Automobile washing and
cleaning establishments
One (1) space for each customer
vehicle the establishment is capable of
accommodating.
(4) Automobile sales (new and
used) and manufactured home
Sales
One (1) space for each 4000 square feet
of land area for the first 20,000 square
feet plus one (1) space for each
additional 10,000 square feet of land
area.
(5) Food stores except for conven-
ience stores
One (1) space for each 200 square feet
of retail area, plus one (1) space for
each 1,000 square feet of area used for
storage or work.
Attachment number 22
Page 27 of 163
Item # 5
4 - 6
Land Use Parking Requirements
(6) General retail sales,
commercial or personal
service establishments
One (1) space for each 200 square feet
of retail sales area, plus one (1) space
for each 1000 square feet of remaining
leasable area used for storage or work
area.
(7) Appliance Stores One (1) space for each 200 square feet
of retail sales area plus one (1) space
for each 500 square feet of remaining
area used for storage or work area.
(8) Furniture Stores One (1) space for each 750 square feet
of retail sales area, plus one (1) space
for each 1,000 square feet of remaining
leasable area used for storage or work
area.
(9) Restaurants, by-type:
Fast Food One (1) space for each 75 square feet of
gross floor area.
Sit-down One (1) space for each 50 square feet of
gross floor area.
(10) Night clubs, taverns,
lounges, and similar
Establishments
One (1) space per 100 square feet of
gross floor area.
(11) Office buildings except
medical, dental, and health
clinics and branch banks
One (1) space for each 300 square feet
of gross floor area.
(12) Branch banks One (1) space for each 300 square feet
of floor area plus five (5) inbound
reservoir spaces and one (1) outbound
reservoir space for each drive-in
window.
(13) Bank and other financial
institutions, except branch
banks
One (1) space for each 300 square feet
of gross floor area.
(14) Shopping Centers with more
than 50,000 square feet of
Gross leasable area
4.5 spaces for each 1,000 square feet of
gross floor area.
(15) Mini warehouses Four (4) spaces for office and one (1)
space per truck
(16) Hotels, Hotels Extended Stay,
Motels, Motels Extended Stay
One (1) space for each room plus one
space for each two employees, plus
additional spaces as required for other
functions such as bar, restaurant, etc.
Attachment number 22
Page 28 of 163
Item # 5
4 - 7
Land Use Parking Requirements
(17) Boarding and Rooming
Houses, Dormitories
One (1) space for each guest or
sleeping room or one (1) space for each
150 square feet of sleeping area
whichever is greater.
(e) Industrial Establishments
(1) Manufacturing and industrial
establishments
One space for each 2,500 square feet of
gross floor area.
(2) Wholesale trade establishments,
warehouses except mini-
Warehouses
One (1) space for each 2,500 square
feet of gross floor area.
(f) Uses ot Specified. In the case of a use not specifically mentioned in Section 4-
2 the requirements for off-street parking facilities shall be determined by the
Staff. Such determination shall be based upon the requirements set for the most
comparable use specified in Section 4-2.
(g) Reduction in umber of Required Off-Street Park ing Spaces. The Planning
Commission may, at its discretion, reduce the minimum number of parking spaces
required for a specific use by Section 4-2(a) through 4-2(e) above provided that
sufficient evidence is presented justifying the need for reduction in the
requirements and every effort has been made to provide off-street parking in
accordance with the stipulations of this section.
(h) Credit for Certain On-Street Parking. Outside the Central Business District
designated, marked, on-street parking spaces located contiguous to a development
may reduce the off-street parking requirement at a rate of one-half off-street space
per on-street space.
4-3 Off-Street Parking Requirements for the Central Business District (CBD): Off-
street parking shall be provided in the Central Business District in accordance with the
following regulations:
(a) For the purpose of this section, the Central Business District shall be defined as
the area bounded by the following streets and including all lots or parcels fronting
on said streets:
(1) Levee Road from Gordon Highway to Fifteenth Street;
(2) Fifteenth Street from Levee Road to Greene Street;
(3) Greene Street from Fifteenth Street to Thirteenth Street;
(4) Thirteenth Street from Greene Street to Telfair Street;
(5) Telfair Street from Thirteenth Street to Gordon Highway;
(6) Gordon Highway from Telfair Street to Levee Road.
(b) Public or semipublic parking lots and garages available for general use and
metered curb parking spaces within 300 feet of the proposed use may be applied
toward the total off-street parking spaces needed.
(c) All provisions set forth in Sections 4-1 and 4-2 shall apply to the above described
area except as follows:
Attachment number 22
Page 29 of 163
Item # 5
4 - 8
Land Use Parking Requirements
(1) Restaurants, night clubs,
taverns, lounges, and similar
Establishments
One (1) space for each 400 square feet of gross
floor area.
(2) Office buildings except
medical, dental, and
health clinics; and branch
Banks
One (1) space for each 400 square feet of gross
floor area.
(3) Hotels and Motels One (1) space for each three (3) rooms plus
additional space as required for other functions
such as bar, restaurant, etc.
(4) Retail stores, department
stores, commercial or personal
service establishments except
food stores
One (1) space for each 400 square feet of gross
leasable area.
(d) The Planning Commission may, at its discretion, reduce the minimum number of
parking spaces required for a specific use by Section 4-3(c) provided that
sufficient evidence is presented justifying the need for a reduction in the
requirements and every effort has been made to provide off-street parking in
accordance with the stipulations of this section.
4-4 General Requirements for Off-Street Loading: Off-street loading and unloading space
shall be provided as hereinafter required by this Ordinance. For the purposes of this
section, the following general requirements are specified:
(a) The term "off-street loading and unloading space" shall mean an area having the
minimum dimensions of 14 feet in height, 12 feet in width, and 50 feet in length
plus adequate maneuvering area to facilitate entry into and exit from the space.
The Planning Commission may, upon sufficient demonstration that a particular
loading space will be used exclusively by small trucks or vans, reduce the
minimum dimension requirements accordingly.
(b) Each required off-street loading space shall have direct access to a street or have a
driveway which provides satisfactory ingress and egress for trucks. The width of
the access way shall be at least 25 feet wide and shall have a minimum radius at
the curb line of 25 feet.
(c) Each required off-street loading space shall be so designated as to avoid undue
interference with other vehicular or rail access, use of public streets, or other
public transport systems.
(d) All off-street loading facilities, including spaces and maneuvering area, shall be
adequately drained and paved with an all-weather material or equivalent surface
subject to the approval of the Public Works Department.
(e) Along those lot lines of the loading area which abut a residential district, a solid
screen of no less than five (5) feet in height shall be erected.
(f) Any light used to illuminate required off-street loading areas shall be arranged so
that the light is reflected away from adjacent properties. No light standard shall
be erected within fifteen (15) feet of any curb line of a public street.
Attachment number 22
Page 30 of 163
Item # 5
4 - 9
(g) All off-street loading areas and their respective maneuvering areas shall be set
back not less than ten (10) feet from a public right-of-way.
(h) No portion of the area required for off-street parking as specified in Section 4-2
shall be used for off-street loading, unloading, or maneuvering space.
4-5 Off-Street Loading Requirements for All Use Zones: Off-street loading and unloading
space shall be provided with access to a public street and shall be equal to or greater than
the minimum requirements set forth as follows:
Land Use Loading Requirements
(a) Dwelling Structures
(1) Hotels and Motels One (1) space for each 20,000 square
feet of floor area.
(b) Public Assembly
(1) Private clubs, lodges, and
fraternal buildings not
providing overnight
Accommodations
One (1) space for each 20,000 square
feet of floor area.
(2) Theaters, auditoriums,
coliseums, stadiums, and
similar places of assembly
One (1) space for each structure having
more than 100,000 square feet of floor
area.
(3) Schools, all types One (1) space for each structure having
more than 100,000 square feet of floor
area.
(4) Bowling Alleys One (1) space for each structure having
more than 20,000 square feet of floor
area.
(c) Health Facilities
(1) Hospitals, sanitariums, nursing
homes, and similar institutional
Uses
One (1) space for each 100,000 square
feet of floor area.
(d) Commercial Establishments
(1) Food stores One (1) space for the first 10,000 square
feet of floor area plus one (1) space for
each additional 30,000 square feet of
floor area.
(2) Restaurants, night clubs,
taverns, lounges, and similar
establishments
One (1) space for the first 10,000 square
feet of floor area plus one (1) space for
each additional 30,000 square feet of
floor area.
(3) Office buildings except
medical, dental, and health
Clinics
One (1) space for structures between
30,000 square feet and 100,000 square
feet of floor area plus one (1) space for
each additional 100,000 square feet of
floor area.
Attachment number 22
Page 31 of 163
Item # 5
4 - 10
(4) Retail stores, department
stores, commercial or personal
service establishments, except
food stores
One (1) space for first 10,000 square feet
of floor area plus one (1) space for each
additional 50,000 square feet of floor
area.
(5) Shopping Centers One (1) space for each 50,000 square
feet of floor area.
(e) Industrial Establishments
(1) Manufacturing and industrial
establishments
One (1) space for each 40,000 square
feet of floor area.
(2) Wholesale trade
establishments
One (1) space for each 50,000 square
feet of floor area.
(3) Transport terminal facilities One (1) space for each 30,000 square
feet of floor area.
(f) Uses ot Specified. In the case of a use not specifically mentioned in Section 4-
5, the requirements for off-street loading facilities shall be determined by the
Planning Commission. Such determination shall be based upon the requirements
set forth for the most comparable use specified in Section 4-5.
(g) Reduction in umber of Required Off-Street Load ing Spaces. The Planning
Commission may, at its discretion, reduce the minimum number of loading spaces
required for a specified use by Section 4-5(a) through 4-5(e) above provided that
sufficient evidence is presented justifying the need for reduction in the
requirements and every effort has been made to provide off-street loading in
accordance with the stipulations of this section.
4-6 onconforming Parking and Loading Spaces: Any building lawfully in use on
February 4, 1974, shall constitute a nonconforming use with regard to parking. Any
enlargement of a nonconforming building or expanded use of a nonconforming building
must provide the required parking for the additional area or use.
4.7 Zoning Classification Changes: Any building on property for which the zoning
classification is subsequently changed or a Special Exception is subsequently granted
shall be provided with sufficient off-street parking pursuant to this section prior to
occupancy.
Amended January 2006 Entire Section 4
Attachment number 22
Page 32 of 163
Item # 5
5 - 1
GEERAL PROVISIOS
SECTIO 5
OCOFORMIG USES
5-1 Repairs and Alterations to onconforming Build ings or Structures:
(a) Repairs and alterations may be made up to 50% of the structure valuation as
assessed by the Richmond County Board of Tax Assessors or its successor, at the
time the petition is presented.
(b) No structural alterations will be permitted except as provided for in Section 5-7 of
this Ordinance.
(c) No enlargements will be permitted except as provided for in Section 5-7 of this
Ordinance.
(d) In the event of destruction by fire or act of God, restoration will be permitted to
the extent of the original improvements.
5-2 A building or structure nonconforming as to regulations for use or lot area or for dwelling
units shall not be added to or enlarged in any manner unless said building or structure
including such addition and enlargement is made to conform to the use and area in
accordance with regulations of the zone in which it is located except as provided for in
Section 5-7 of this Ordinance.
5-3 Continuation and Change of Use:
(a) The nonconforming use of a building or structure, lawfully existing on March 25,
1963, may be continued.
(b) The nonconforming use of a nonresidential building or structure may be changed
only to a use of the same or more restricted classification. The nonconforming
use of a residential structure may not be changed to any use not permitted by the
base zoning classification.
(c) The nonconforming use of land (where no building is involved) lawfully existing
on March 25, 1963, may be continued provided that no nonconforming use of
land shall be expanded or extended either on the same or adjoining property.
5-4 Expansion Prohibited: A nonconforming use of a portion of a building or structure
shall not be expanded or extended into any other portion of such building or structure nor
changed except to a conforming use.
5-5 onconforming Due to Reclassification: The foregoing provisions of this section shall
also apply to buildings, structures, land or uses which hereinafter become nonconforming
due to any reclassification of zones under this Ordinance or any subsequent change in the
regulations of this Ordinance.
5-6 Any nonconforming use which has been abandoned for a period of two (2) years or more
shall not be used for any purpose other than that permitted in the zone in which such use
is situated.
Attachment number 22
Page 33 of 163
Item # 5
5 - 2
5-7 Structural Alterations and Enlargement: An existing nonconforming use may be
permitted to expand in the district in which it is located upon approval by the Executive
Director provided that:
(a) A site plan showing the existing nonconforming land and building(s) and the
proposed expansion has been submitted for approval;
(b) The existing nonconforming use is of a type permitted under the B-1
(Neighborhood Business) Zone, Section 21-1(b), of this Ordinance;
(c) The enlargement does not exceed twenty (20%) percent of the square footage
contained within the existing nonconforming structure, the amount of expansion
permitted to be calculated using the square footage on record with the Richmond
County Board of Tax Assessors;
(d) The expansion shall not extend beyond the property lines of the existing
nonconforming use except where additional land is acquired to meet the off-street
parking requirements of Section 4 of this Ordinance;
(e) The expansion is in compliance with all setback and yard requirements of the
zone in which the nonconforming use is located;
(f) Off-street parking and loading are provided in accordance with Section 4 of this
Ordinance;
(g) The expansion does not involve the construction of any separate structures; and
(h) No previous expansion has occurred under the provisions of this section.
Attachment number 22
Page 34 of 163
Item # 5
6 - 1
USE DISTRICT CLASSIFICATIOS
SECTIO 6
DISTRICT DEFIITIOS
6-1 For the purpose of classifying, regulating, and restricting the locations of trades and
industries, and the locations of buildings designed for industry, commerce, residence, and
other uses; Augusta, Georgia, except Hephzibah and Blythe, is hereby divided into the
following Use Districts or Zones, to wit;
Agricultural Districts, being "A" Zones.
Residential Districts, being "R" Zones.
Professional Districts, being "P" Zones.
Business Districts, being "B" Zones.
Industrial Districts, being "I" Zones.
Zone Group Classification: Whenever the terms "A" Zone, "R" Zone, "P" Zone, "B"
Zone, or "I" Zone are used, they shall be deemed to refer to all zones containing the same
letters and/or numbers in their names, e.g. "R" Zone shall include R-1, R-2, R-3; "R-1"
Zone shall include R-1A, R-1B, R-1C, R-1D and R-1E zones.
6-2 The Use Zones herein above referred to shall be designated on certain zoning maps and
by reference thereto expressly made a part of this Ordinance. No building shall be
erected, nor shall buildings or premises be used for any purposes other than a purpose
permitted by this Ordinance in a zone in which such buildings or premises are located.
6-3 Zone Boundaries: Unless otherwise indicated the zone boundaries are the centerlines of
streets, parkways, waterways, railroad rights-of-way, or such lines extended.
Attachment number 22
Page 35 of 163
Item # 5
7 - 1
AGRICULTURAL DISTRICT CLASSIFICATIOS
SECTIO 7
A (AGRICULTURAL) ZOE
7-1 Zone A (Agriculture) Districts: The area of Zone "A" shall be all of Augusta excepting
therefrom any and all areas that have been, or may hereafter be, specifically covered by
other zones created in accordance with the provisions of this Ordinance and shown on
Maps on file with the Augusta-Richmond County Planning Commission. No land, no
body of water, and no structure shall be put into use and no building shall be hereafter
erected, constructed, moved, reconstructed, or structurally altered for any purpose in this
zone (Zone "A") which is designed, arranged or intended to be used or occupied for any
purpose other than the following:
(a) Single-family Residential buildings and structures developed under the
standards set forth in the R-1 Zone (Section 8), except that the maximum
height of fences, walls, or hedges in any required front, side or rear yards
of an A (Agriculture) Zone shall be limited to a height of eight (8) feet,
except for corner yard areas discussed in Section 3-6 of this Ordinance.
(b) Agriculture, dairying and ranching.
(c) Buildings incidental to agriculture, dairying and ranching.
(d) Building incidental to forestry.
(e) Noncommercial boat piers, or slips, or boat houses for docking of private
water craft.
(f) Manufactured homes on individual lots subject to the criteria listed in
Section 27-7 of this Ordinance.
(g) Conservation Subdivisions where the overall density of development
including portions of the tract devoted to greenspace does not exceed .5
lots per acre.
(h) Parking of vehicles related to agricultural and forestry enterprises
engaged in on the same or an adjoining property;
(i) Parking of no more than two (2) commercial vehicles to include freight
carrying vehicles, (truck trailers and tractors) in excess of one ton
capacity and three or more axles on a lot which exceeds one acre in area.
7-2. The following may be approved by Special Exception in an A zone if conformance to the
standards included herein can be demonstrated and if the benefits of the proposed use are
greater than any possible depreciating effects and damages to neighboring properties:
(a) Recreational vehicle (RV) parks, subject to the following restrictions and
regulations. A conceptual plan showing consistency with the provisions of this
section must be submitted with the application for a Special Exception:
(1) The entire perimeter of an RV Park shall be enclosed by a privacy
fence no less than six (6) feet in height. Wherever an RV Park
abuts property zoned Agricultural or Residential there shall be a
buffer of at least 50 feet in width that is either an undisturbed
natural buffer or a planted buffer that conforms to the requirements
of the Augusta Tree Ordinance. Such buffer areas shall be
Attachment number 22
Page 36 of 163
Item # 5
7 - 2
measured from the boundary of each space to the property line of
this RV Park.
(2) Each RV Park shall be so designed as to provide for a proper flow
of traffic and each interior private road shall be at least 15 feet in
width for one-way traffic and designed for the proper turning,
backing, parking, and maneuvering of RVs as approved by the
Traffic Engineer. Roads shall be surfaced with asphalt or concrete
as approved by the Traffic Engineer. Sub-grade, base and
pavement thickness shall be per the Augusta Street and Road
Design Technical Manual, current edition.
(3) Each space within an RV Park shall be a minimum of 35 feet wide
and 80 feet long. Each space shall be directly accessible from an
approved internal private road and there shall be no direct access
from any external public or private street.
4) Each space shall have a concrete parking pad which is at least 15
feet wide and 50 feet in length. Such parking pad shall be at least
20 feet from the internal private road. There shall be a distance of
at least 10 feet from the edge of each parking pad to the side and
rear boundaries of each space. The remainder of the space, with
the exception of the parking pad, must either be grassed, covered
with a mulching material, or otherwise improved with landscaping.
5) Each RV Park must provide a centralized bathhouse facility with a
minimum of 4 bathrooms with wash basins, 2 showers, and 2
washers and 2 dryers for each 30 lots within the RV Park. All
applicable building and zoning codes must be complied with,
including parking standards.
6) Swimming pools, jacuzzis, hot tubs, etc are allowed but are not
required within RV Parks and must be located in a centralized area.
Swimming pools, jacuzzis, hot tubs, etc., must be shown on the
Site Plan and must be approved by the Health Department. The
centralized bathroom facility may serve as the bathhouse for the
pool, jacuzzi, hot tub etc. if located immediately adjacent to the
amenity.
7) Community centers, clubhouses, and playground facilities are
allowed but are not required within the RV Park. If sited within
the RV Park, each community center, clubhouse or playground
facility must be located in a centralized area.
8) Spaces may be conveyed to individual owners as lots by following
the procedures set forth in the Land Subdivision Regulations for
private subdivisions. This will require formation of a Homeowners
Association with appropriate documents outlining the ownership of
private roads, common area, and other common facilities, and
submission and approval of a Final Plat.
9) Each space shall have electricity and water, by means of
individual meters for lots that are to be conveyed to individual
owners, or by master meters provided by the RV Park for spaces
that are not conveyed to individual owners, and a sanitary sewer
service. In lieu of sanitary sewer, a sewage package system
Attachment number 22
Page 37 of 163
Item # 5
7 - 3
provided by the RV Park with service to each space shall be
allowed.
10) An RV which will occupy a space or a lot for more than thirty (30)
consecutive days must first secure a permit from the Augusta
Richmond County Planning Commission. All RV’s must have all
licenses appropriate to the state and county of origin, and in no
case shall such vehicles be considered real property.
11) An RV Park shall meet all provisions of the Augusta Tree
Ordinance, including the appropriate tree quality points in addition
to providing the buffer requirements at 7-2 (a) of this section.
(b) Animal kennels, boarding of animals, and animal grooming establishments
provided that the following conditions are met:
(1) The minimum size of any tract of land proposed for use under this
section shall be two (2) acres.
(2) No activity permitted under this section shall be conducted within
four hundred (400) feet of a permanent dwelling or manufactured
home located on another tract of land. \
(3) The applicant for a Special Exception under this section shall
submit a site plan showing the boundaries of the property to be
used, its dimensions, the location of existing and proposed
structures to be used for the purpose of this section, and the
distance from these locations to any dwelling or manufactured
home located on adjacent tracts of land.
Attachment number 22
Page 38 of 163
Item # 5
7 - 4
7-3 Special Exceptions
Any use established as a result of a special exception granted per Subsection 7-2 must be
initiated within six (6) months of the granting, or the Special Exception shall no longer be
valid. The initiation of a use is established by the issuance of a valid business license by
the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended January 2008 – Section 7-2 (a)
Amended November 2007, Section 7-2(a)
Amended May 2005, Section 7-1 (h) (i)
Amended Sept. 2004, Section 7-3
Attachment number 22
Page 39 of 163
Item # 5
8 - 1
RESIDETIAL DISTRICT CLASSIFICATIO
SECTIO 8
R-1 (OE-FAMILY RESIDETIAL) ZOE
8-1 Permitted Uses:
(a) One family detached dwellings the gross floor area of which is not more than two
times the average gross floor area or less than 60% of the average gross floor area
of existing homes located on lots in whole or in part within 300 feet of the
boundaries of the subject lot. Gross floor area shall include the entire area located
under the roof of the principal structure, including finished attics, attached
garages, and basements, and it shall be as presented in the online information of
the Augusta Richmond County Tax Assessor’s Office.
(b) Fence, walls: A fence, latticework screen or wall in a required side or rear yard
shall not exceed six (6) feet in height. A fence, latticework screen or wall located
in a required front yard shall be limited to four (4) feet in height. Any fence, wall,
or landscape feature located at the corner of intersecting streets described in
Section 3-6 of this Ordinance shall be subject to additional restrictions discussed
in that subsection.
(c) Yard Sales provided that no more than two (2), lasting no more than three (3)
days per time, are conducted at a single address during a calendar year.
(d) Accessory buildings and uses as described elsewhere in this section.
(e) Conservation Subdivisions where the overall density of development including
portions of the tract devoted to greenspace does not exceed 3 lots per acre.
(f) Residential facilities for handicapped persons as defined at 42 U.S.C. 3602
except for such uses that are addressed at 26-1(g), 26-1(p) and 35-10 of this
Ordinance.
Amended August 2008 - Section 8-1 (a)
Amended June 2008 – Section 8-1 (f)
8-2 Special Exceptions: The following may be permitted in an R-1 Zone by Special
Exceptions:
(a) Single-family attached and detached dwellings and condominiums developed in
accordance with Section 13 provided that the density of dwellings shall not
exceed three (3) units per acre.
(b) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
(c) Ponds, whether impoundment or excavations, in excess of the following
maximum pond area to lot area ratios may be permitted by Special Exception:
LOT AREA MAXIMUM POND/LOT AREA RATIO
Less than 2 acres 2%
2 - 5 acres 20%
Over 5 acres 40%
Attachment number 22
Page 40 of 163
Item # 5
8 - 2
Ponds smaller than the maximum ratios shall be permitted uses by right.
Retention or detention ponds approved as part of a Site Plan or Subdivision
Development Plan shall also be permitted uses by right. A Grading Plan or a Soil
Erosion Plan, depending on the size of the disturbed area shall be submitted and
approved before construction of a pond requiring Special Exception commences.
Such plan shall include the following statement:
"The pond as shown hereon is the private property of the owner,
who has full and perpetual responsibility for the maintenance and
repair. The owner releases Augusta, Georgia, from any and all
claims, damages, or demands arising on account of or in
connection with the design, construction, and maintenance of the
pond as shown hereon. Augusta, Georgia, assumes no liability or
duty related thereto, and in no manner approves or assumes
liability for the design of the pond as shown hereon."
(d) Construction trailers may be allowed in a subdivision with an approved
Development Plan subject to the following criteria:
(1) A Manufactured Home Permit must be acquired from the Augusta-
Richmond County Planning Commission for the construction trailer;
(2) The construction trailer must be located away from the front entrance of
the subdivision, preferably in the rear of the subdivision, and in the area of
the last homes to be developed in the subdivision. The construction trailer
must be located as far as possible from any existing stick-built residential
homes in adjoining subdivisions, but in no case shall the construction
trailer be located within 150 feet of a site-built residential home located in
an adjoining subdivision;
(3) No sale of lots or homes is to take place from this construction trailer - the
construction trailer is to be used for construction related business only;
(4) The construction trailer is to be tied down, underpinned, have wooden
steps with hand-rails and have a gravel parking area. Any outside items
need to be maintained in a neat and orderly manner;
(5) The Owner/Developer must provide the Planning Commission with the
following certification: "The Owner/Developer/Contractor will not hold
Augusta, GA liable for any claims, damages or demands arising on
account of or in connection with the placement of the construction trailer
within the subdivision.";
(6) The construction trailer will be moved off of the subject property within
48 hours of the commencement of the last home in the subdivision - -or
The construction trailer must me moved off of the subject property within
48 hours of the expiration of Development Plan approval for the
subdivision; and
(7) Inspection will be made by the License and Inspection Department every
twelve (12) months.
(e) Sales trailers may be allowed in a subdivision with an approved Development
Plan subject to the following criteria:
Attachment number 22
Page 41 of 163
Item # 5
8 - 3
(1) A Manufactured Home Permit must be acquired from the Augusta-
Richmond County Planning Commission for the sales trailer;
(2) Sales trailers must be located in excess of 500 feet from any public street
that is not part of the subdivision, and 150 or more feet from a site-built
residential home located in an adjoining subdivision;
(3) The sales trailer is to be tied down, underpinned, have wooden steps with
hand-rails and have a gravel parking area. Any outside items need to be
maintained in a neat and orderly manner;
(4) Areas not left natural or used for parking must be landscaped or sodded;
(5) The Owner-Developer must provide the Planning Commission with the
following certification: "The Owner/Developer/ Contractor will not hold
Augusta, GA liable for any claims, damages or demands arising on
account of or in connection with the placement of the sales trailer within
the subdivision;
(6) Permits for the sales trailer would be issued for one (1) year and could
only be renewed at the discretion of the Planning Commission Staff;
(7) The sales trailer will be moved off of the subject property within 48 hours
of the commencement of the last home in the subdivision - or the sales
trailer must be moved off of the subject property within 48 hours of the
expiration of Development Plan approval for the subdivision; and
(8) Inspection will be made by the License and Inspection Department every
twelve (12) months in conjunction with the renewal of the Mobile Home
Permit.
(f) Sales offices may be allowed in new subdivisions with approved Final Plats
subject to the following criteria:
(1) Sales offices must be located on lots designated on the approved Final
Plats of new subdivisions, must be for sales of lots within that subdivision
only, and must adhere to all minimum setback requirements;
(2) Parking areas for sales offices cannot exceed the normal parking pad for
the lot/home and must be comparable in size and construction to other
parking pads in the neighborhood. The parking pad must be constructed
prior to issuance of the Certificate of Occupancy;
(3) For subdivisions requiring sidewalks, the sidewalk on this lot must be
constructed prior to issuance of the Certificate of Occupancy;
(4) Areas not left natural or used for parking must be landscaped or sodded
prior to the Certificate of Occupancy;
(5) One real estate or developer’s sign less than six square feet in area may be
allowed on the property. No banners as defined by Section 28-B-2 of the
Comprehensive Zoning Ordinance will be allowed on the property;
(6) Adjoining lots (whether grassed or graveled) may not be used for parking;
(7) The sales aspect of the sales office will cease and desist within 48 hours of
the commencement of the last home in the subdivision.
(g ) One family detached dwelling the average gross floor area of which is more than
two times the average gross floor area or less than 60% of the gross floor area of
existing homes located on lots in whole or in part within 300 feet of the
Attachment number 22
Page 42 of 163
Item # 5
8 - 4
boundaries of the subject lot. Gross floor area shall include the entire area located
under the roof of the principal structure, including finished attics, attached
garages, and basements, and it shall be as presented in the online information of
the Augusta Richmond County Tax Assessor’s Office.
Amended January 2005 – Section 8-2 (a)
Amended May 2004 – Section 8-2 (e)
Amended Sept. 2006 – Section 8-2 (f)
8-3 Home Occupations:
a) Intent. The conduct of businesses in residential units may be permitted under the
provisions of this section. It is the intent of this section to:
1) ensure the compatibility of home occupations with other uses permitted in
residential districts;
2) maintain and preserve the character of residential neighborhoods; and
3) permit certain limited home occupations which are useful to both the
general community as well as the resident-proprietor.
b) Required Conditions. A home occupation is an activity carried out for gain by a
resident conducted as an accessory use in the resident's dwelling unit subject to
the following conditions:
1) Home occupations shall be limited to personal services such as are
furnished by a music teacher, artist, beautician, seamstress, and in-house
offices;
2) Home occupations shall not include retail businesses, manufacturing
businesses nor repair businesses;
3) Home occupations shall be situated in the same dwelling unit as the home
of the occupant, and the individual responsible for the home occupation
shall live in the dwelling unit;
4) The home occupation shall not occupy nor affect more than twenty-five
percent (25%) of the heated floor area of the dwelling unit. It shall be
carried on wholly within the principal building constituting the dwelling
unit. No home occupation nor any storage of goods, materials, or products
conducted with a home occupation shall be allowed in an accessory
building, garage, carport, or porch, attached or detached.
5) There shall be no exterior indication of the home occupation; no exterior
signs nor other on-site advertising visible from the exterior; no audible
noise, detectable vibration, inordinate illumination, no odor; no entrance
or exit way specifically provided for the conduct of business; and
vehicular or pedestrian traffic shall not be generated in volumes greater
than would normally be expected by a single family residence.
6) For home occupations established after November 15, 1983 there shall be
no assistants employed. Home occupations established prior to that date
may have two assistants.
7) Where special equipment is used the Building Code of Augusta-Richmond
County shall govern the size of electrical wiring, plumbing, etc., which
must be installed before such home occupation may begin.
Attachment number 22
Page 43 of 163
Item # 5
8 - 5
8) When a home occupation is to be conducted on property not owned by the
applicant or operator, written permission from the owner is required.
c) Special Use Permits. All home occupations shall have Special Use Permits.
Special Use Permits shall be granted upon payment of a fee and a finding that a
proposed home occupation would conform to the conditions at 8-3(b) and that no
detrimental impact upon the surrounding residential area would be expected.
1) Special Use Permits may be granted administratively by the Executive
Director of the Augusta-Richmond County Planning Commission for
certain home occupations such as computer, telephone, or mail based
businesses or offices, or other similar businesses where, in the opinion of
the Executive Director, there is no potential for customers to visit the
residence, or for excessive mail, truck or other material deliveries to the
residence.
2) For all other home occupations, Special Use Permits shall be granted by
the Board of Zoning Appeals.
3) Applications for all Special Use Permits for home occupations shall be
made with the Augusta-Richmond County Planning Commission.
4) Special Use Permits shall be granted to a designated person who resides at
a residential address, and they shall not be transferable from person to
person, address to address, or use to use.
5) Special Use Permits, once granted, may be revoked by the Augusta-
Richmond County Commission upon advisement by the Augusta-
Richmond County Planning Commission for cause after a hearing before
the former commission.
6) An individual granted a Special Use Permit for a home occupation has a
period of one year from the date of approval to begin operation of the
home occupation. Prior to beginning operation of the home occupation a
business license must be obtained. Anyone that fails to begin operation of
the home occupation within one year time period forfeits the home
occupation right previously granted.
7) A Special Use Permit may be denied if a home occupation could be
hazardous or injurious to the welfare of the community or if compliance
with the requirements of this section has not been met.
d) Family day care homes - may be granted Special Use Permit administratively by
staff as provided for at 8-3(c)(1) if they conform to the criteria set at 8-3(b), 26-
1(f), and the following special criteria. Those applicants for family day care
homes that conform to 8-3(b) and 26-1(f) but do not conform to the special
criteria may be approved by Special Exception as provided for in Section 26.
Special criteria for staff approval of Family Day Care Homes are:
i. Applicant must live in the home
ii. Home has public sewerage or applicant has a letter of approval
from the Richmond County Board of Health
iii. Home is not in the floodplain
Attachment number 22
Page 44 of 163
Item # 5
8 - 6
iv. Applicant must provide proof of application for registration from
the Georgia Department of Human Resources Day Care Licensing
Unit
v. The lot on which the family day care home would be located is
10,000 square feet in area or greater
vi. Hours of operation would not be greater than 6:00 A.M. to 8:00
P.M.
vii. No persons listed with Richmond County Sex Offenders Registry
reside within 1,000 feet of the property.
Amended June 2008 – Section 8-3-(d)
8-4 Accessory Building: One-story accessory buildings not to exceed eighteen (18) total
feet in height may be constructed in the R-1 Zone, subject to the following restrictions:
(a) All accessory buildings shall have the side yard setback required for principal
structures as specified elsewhere in this Ordinance.
(b) All accessory buildings shall have a rear yard setback of not less than ten (10)
feet, including eaves and other overhanging portions of the structure.
(c) Except for carports and detached garages, accessory buildings shall not permitted
in any front yard. Carports and freestanding garages shall conform to the front
setback requirements for principal structures.
(d) Where the rear yard abuts upon a street, no accessory building shall be closer to
the rear lot line than the required setback for the zone.
(e) That the maximum total gross floor area of all accessory buildings on a lot shall
be based on the area of the lot upon which they are located. The maximum gross
floor area for accessory buildings shall be as follows:
Lot Area Maximum Accessory Building Area
Under 10,000 square feet 5% of lot area
10,000 square feet or larger greater of 500 square feet or 3% of
lot area, but never more than 1,200
square feet
(f) Accessory buildings shall not be designed and used for residential purposes.
They shall not contain bedrooms. If an accessory building contains kitchen
facilities of any description, then a deed restriction must be recorded stating that
the accessory building is not a residential structure and can never be occupied as
such before a permit may be issued. Accessory buildings may not be used to
conduct home occupations or serve as home offices. In no case may an accessory
building have a separate electrical service.
Amended January 2008 – Section 8 – 4 (e) (f)
8-5 DELETED.
8-5.1 TV Satellite Dish Antenna As An Accessory Use: TV Satellite dish antennas shall be
permitted as an accessory use in the R-1 Zone. All TV satellite dish antennas shall
adhere to the setback requirements for accessory structures, except that no regulated
Attachment number 22
Page 45 of 163
Item # 5
8 - 7
satellite dish antenna may be located in any front yard. TV Satellite dishes less than one
(1) meter in diameter shall not be regulated.
8-6 Height: No building or structure hereafter shall be erected, constructed or altered in an
R-1 Zone to exceed a height of two and one-half (2-1/2) stories or forty-five (45) feet.
8-7 Area: Every lot in an R-1 Zone shall have a minimum width of one hundred (100) feet
and minimum area of 15,000 square feet. Irregularly-shaped lots shall measure a
minimum of one hundred feet in width along the building setback line.
8-8 Setbacks:
(a) Front Setback: There shall be a front yard setback in an R-1 Zone of not less than
thirty (30) feet from any structure to the front lot line on minor or local streets and
a front setback of forty (40) feet from any structure to the front lot line on all
other streets and highways. For lots in Residential Subdivisions, approved after
adoption of this Section, where a sixty (60) foot or greater right-of-way is utilized
and such lots are approved by the Augusta-Richmond County Planning
Commission, there shall be a front setback or not less than twenty-five (25) feet
from any structure to the front lot line on minor or local streets.
Where a lot is situated in a block face with non-uniform front setbacks, the
minimum front setback requirement on such lot shall be the average of the front
yards of the existing structures on the block face. In the event the average front
setbacks of the block face exceed fifty (50) feet, there shall be no setback
requirement greater than a distance of fifty (50) feet from the front of the building
to the front lot line. If there are less than two (2) existing structures located
within 500 feet on either side of the lot in question, then the provisions regarding
non-uniform lots shall not apply.
(b) Side Setback: The side yard setback for principal structures in an R-1 Zone are as
follows:
(1) Lots having a width of fifty-five (55) feet or less shall have two (2) side
yards each having a width of not less than five (5) feet.
(2) Lots having a width of fifty-six (56) to seventy (70) feet shall have two (2)
side yards each having a width of not less than seven (7) feet.
(3) Lots having a width of over seventy (70) feet shall have two (2) side yards
each having a width of not less than ten (10) feet.
(c) Rear Setback: There shall be a rear yard setback for lots in an R-1 Zone of not
less than twenty percent (20%) of the depth of the lot but such yard need not
exceed fifty (50) feet.
8-9 Lot Coverage: Not more than thirty percent (30%) of the area of a lot in an R-1 Zone
may be covered by buildings or structures, provided that such lot coverage need not be
reduced to eight hundred (800) square feet.
8-10 Special Exceptions
Any use established as a result of a special exception granted per Subsection 8-2 must be
initiated within six (6) months of the granting, or the Special Exception shall no longer be
valid. The initiation of a use is established by the issuance of a valid business license by
Attachment number 22
Page 46 of 163
Item # 5
8 - 8
the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2004, Section 8-10
Attachment number 22
Page 47 of 163
Item # 5
9 - 1
RESIDETIAL DISTRICT CLASSIFICATIO
SECTIO 9
R-1A (OE-FAMILY RESIDETIAL) ZOE
9-1 Permitted Uses:
(a) Any use permitted in an R-1 Zone subject to the restrictions and regulations of the
R-1 Zone; and
(b) All the provisions and regulations which apply to the R-1 (One-family Zone) shall
apply to the R-1A Zone, except that every lot in an R-1A Zone shall have a
minimum width of eighty (80) feet and a minimum area of ten thousand (10,000)
square feet.
(c) Conservation Subdivisions where the overall density of development including
portions of the tract devoted to greenspace does not exceed 4 lots per acre.
9-2 Special Exception: The following may be permitted in an R-1A Zone by Special
Exception:
(a) Single-family attached and detached dwellings and condominiums developed in
accordance with Section 13, provided that the density of dwellings shall not
exceed four (4) units per acre.
(b) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
9-3 Special Exceptions
Any use established as a result of a special exception granted per Subsection 9-2 must be
initiated within six (6) months of the granting, or the Special Exception shall no longer be
valid. The initiation of a use is established by the issuance of a valid business license by
the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2004, Section 9-3
Amended Jan. 2005 – Section 9-2(a)
Attachment number 22
Page 48 of 163
Item # 5
10 - 1
RESIDETIAL DISTRICT CLASSIFICATIO
SECTIO 10
R-1B (OE-FAMILY RESIDETIAL) ZOE
10-1 Permitted Uses
(a) Any use permitted in the R-1A Zone subject to the restrictions and regulations of
the R-1A Zone;
(b) All the provisions and regulations which apply to the R-1A Zone shall apply to
the R-1B Zone, except that every lot in the R-1B Zone shall have a minimum
width of seventy-five (75) feet and a minimum area of 7,500 square feet; and
(c) Conservation subdivisions where the overall density of development, including
portions of a tract devoted to greenspace does not exceed 5 lots per acre.
10-2 Special Exception: The following may be permitted in an R-1B Zone by Special
Exception:
(a) Single-family attached and detached dwellings and condominiums developed in
accordance with Section 13, provided that the density of dwellings shall not
exceed five and one-half (5-1/2) units per acre.
(b) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
10-3 Special Exceptions
Any use established as a result of a special exception granted per Subsection 10-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2004, Section 10-3
Amended Jan. 2005 – Section 10-2(a)
Attachment number 22
Page 49 of 163
Item # 5
11 - 1
RESIDETIAL DISTRICT CLASSIFICATIO
SECTIO 11
R-1C (OE-FAMILY RESIDETIAL) ZOE
11-1 Permitted Uses
(a) Any use permitted in the R-1B Zone subject to the restrictions and regulations of
the R-1B Zone;
(b) All the provisions and regulations which apply to the R-1B Zone shall apply to
the R-1C Zone, except that every lot in the R-1C Zone shall have a minimum
width of sixty (60) feet and a minimum area of 6,000 square feet; and
(c) Conservation subdivisions where the overall density of development, including
portions of a tract devoted to greenspace does not exceed 7 lots per acre.
11-2 Special Exception: The following may be permitted in an R-1C Zone by Special
Exception:
(a) Single-family attached and detached dwellings and condominiums developed in
accordance with Section 13, provided that the density of dwellings shall not
exceed seven (7) units per acre.
(b) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
11-3 Special Exceptions
Any use established as a result of a special exception granted per Subsection 11-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2004, Section 11-3
Amended Jan. 2005, Section 11-2 (a)
Attachment number 22
Page 50 of 163
Item # 5
12 - 2
RESIDETIAL DISTRICT CLASSIFICATIO
SECTIO 12
R-1D (OE-FAMILY RESIDETIAL) ZOE
12-1 Permitted Uses: The following uses may be permitted in an R-1D district upon
determination by the Planning Commission that a request conforms to the requirements
of this Section, that it is compatible with surrounding development, and that it promotes
the planning policies and objectives for the specific and general areas in which it is
located:
(a) Any use permitted in Sections 8 through 11 of this Ordinance.
(b) Single-family attached dwellings in groups of two joined at a common lot line.
(c) Common open space or recreational areas and uses intended for the primary use
and enjoyment of the residents of the proposed development.
(d) Single-family detached dwellings.
12-2 Lot Size: Every lot in an R-1D Zone shall have a minimum width of forty feet and a
minimum area of four thousand (4,000) square feet.
12-3 Setbacks:
(a) Front Setback: On arterial, collector, industrial or major streets and highways, the
minimum setback in the R-1E Zone shall be the same as Section 8-8 (a). On local
or minor streets, the minimum setback in the R-1E zone shall be 15 feet to the
front lot line.
(b) Side Setback: All detached dwellings shall have a side setback not less than five
feet. Where a side yard abuts a zone described in Sections 8 through 11 of this
Ordinance, no structure may be constructed within 25 feet of the boundary of that
zone. If a six foot brick or stucco wall is constructed beginning at the front
setback line and extending along the entire side property line adjoining the zone
described in Sections 8 through 11 of this Ordinance, then the required setback
shall be fifteen (15) feet. Where a side yard abuts a public street the provisions for
front setbacks shall apply.
(c) Rear Yard: The rear setback shall be the greater of twenty-five (25) feet or twenty
(20) percent of the depth of the lot, but such yard need not exceed fifty (50) feet.
12-4 Building Height: No building or structure shall be constructed in an R-1D Zone to
exceed a height of two and a half (2-1/2) stories or forty-five (45) feet.
12-5 Parking: A minimum of two (2) parking spaces for each dwelling unit shall be provided
in the R-1D Zone.
12-6 Lot Coverage: There shall be no maximum lot coverage in the R-1D Zone.
12-7 Application for Approval: All applications for development or a change of zoning to an
R-1D Zone shall be accompanied by the following:
(a) A plat of the land to be included in the total development showing all rights-of-
way and easements affecting the property to be rezoned to an R-1D classification.
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(b) A plat of the lots and the boundaries thereof along with the square footage
contained in each lot and the location and rights-of-way of proposed streets in the
total development.
(c) The location of buildings and the number of stories contained in each.
(d) The preliminary location of water supply, sanitary, and storm sewer systems.
(e) The location of all curb cuts, driving lanes and parking areas.
(f) The location and type of all common areas (pedestrian walkways, open spaces,
recreational uses), including a statement of the method to be used to insure
continued maintenance of such areas.
(g) The location and height of all walls, fences and screen plantings.
(h) A typical tentative plan showing front elevations of the proposed dwellings
including a tentative statement indicating the type of construction to be used.
(i) A tabulation of the total area, number of dwelling units, and overall density per
acre.
12-8 Revision of Plans After Final Approval: Any request to change an approved
development plan which affects the intent and character of the development, the density
or land use pattern, the location or dimension of streets, or similar changes, shall follow
the procedures set forth in Section 35 of this Ordinance. A request for revision of the
development plan shall be supported by a written statement of why the revisions are
necessary or desirable.
12-9 Compliance with Subdivision Regulations: The development shall comply with the
pertinent requirements of the Subdivision Regulations for Augusta-Richmond County.
12-10. Buffer Yard: A 10 foot wide buffer yard which meets the requirements of the Augusta
Richmond County Tree Ordinance as it pertains to side buffer yards is required along an entire
side or rear boundary of the proposed development if:
(a) The proposed average lot size for the proposed development is less than 80% of the
average of the size of existing residential lots within 300 feet of a side or rear
boundary of the proposed development; or
(b) The proposed average lot size for the development is less than 80% of the minimum
lot size permitted by the zoning classification of property within 300 feet of a side or
rear boundary of the proposed development if such property is undeveloped but zoned
single family residential or agricultural.
Amended January 2008 – Section 12-10
Amended September 2007 – Section 12-3 (a)
Attachment number 22
Page 52 of 163
Item # 5
14 - 1
RESIDETIAL DISTRICT CLASSIFICATIO
SECTIO 13
R-1E (OE-FAMILY RESIDETIAL) ZOE
Statement of Intent: The intent of this section is to allow greater flexibility in the integration of
various types of owner-occupied housing.
13-1 Permitted Uses: The following uses may be permitted in an R-1E district upon
determination by the Planning Commission that a request conforms to the requirements
of this Section, that it is compatible with surrounding development, and that it promotes
the planning policies and objectives for the specific and general areas in which it is
located:
(a) Any use permitted in Sections 8 through 12 of this Ordinance.
(b) Single-family attached dwellings (condominiums or subdivisions).
(c) Multi-family condominium structures.
13-2 Lot Size: There shall be no minimum lot size or lot width in the R-1E Zone.
13-3 Setbacks:
(a) Front Setback: On arterial, collector, industrial or major streets and highways, the
minimum setback in the R-1E Zone shall be the same as Section 8-8 (a). On local
or minor streets, the minimum setback in the R-1E zone shall be 15 feet to the
front lot line.
(b) Side Setback: The side setback provisions of Section 12 of this Ordinance shall
apply to the R-1E Zone.
(c) Rear Setback: The rear setback provisions of Section 12 of this Ordinance shall
apply to the R-1E Zone.
13-4 Coverage: There shall be no maximum lot coverage in the R-1E Zone.
13-5 Building Height: No building or structure shall be erected or constructed in an R-1E
Zone to exceed a height of two and one-half (2-1/2 ) stories or forty-five (45) feet.
13-6 Building Length: There shall be no continuous residential structures such as
townhouses, attached dwellings, or multifamily dwellings containing more than eight (8)
dwelling units.
13-7 DELETED.
13-8 Density Requirements: The maximum number of dwelling units per acre permitted in
the R-1E Zone shall be ten (10). The number of units allowable shall be computed by
multiplying the total acreage of the tract by ten (10).
13-9 Open Space Requirement: Not less than twenty-five (25) percent of the development
shall be maintained as permanent open space. Such open space may include common
areas, buffers, landscaped yards, water areas and any natural areas. Such open space shall
Attachment number 22
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14 - 2
be computed beginning five (5) feet outside the building walls. Parking and other paved
surfaces, except patios and courtyards, shall not count toward this open space
requirement. Any required open space may be left under individual ownership if it falls
on an individual lot, but a property owners' association shall maintain any common area
not dedicated to the Augusta-Richmond County Commission. Restrictive covenants,
declarations and restrictions running with the land shall provide for access across and
permanent maintenance and protection of the common space within these requirements.
13-10 Off-Street Parking Regulations:
(a) A minimum of two (2) parking spaces for each dwelling unit shall be provided in
the R-1E Zone.
(b) Where off-street parking is arranged so as to require backing from more than four
contiguous spaces directly onto a public street, the minimum parking space
dimensions shall be ten (10) feet in width and twenty-five (25) feet in length.
(c) No off-street parking shall be arranged so as to require backing from a space
directly into a collector or an arterial street.
13-11 Application for Approval: All applications for development or a change of zoning to an
R-1E Zone shall be accompanied by the following:
(a) A plat of the land to be included in the total development showing all rights-of-
way and easements affecting the property to be rezoned to an R-1E classification.
(b) A plat of the lots and the boundaries thereof along with the square footage
contained in each lot and the location and rights-of-way of proposed streets.
(c) The location of buildings and the number of stories contained in each.
(d) The preliminary location of water supply, sanitary and storm sewer systems.
(e) The location of all curb cuts, driving lanes and parking areas.
(f) The location and type of all common areas (pedestrian walkways, open spaces,
recreational uses) including a statement of the method to be used to insure
continued maintenance of such areas.
(g) The location and height of all walls, fences and screen plantings.
(h) A typical tentative plan showing elevations of the proposed dwellings, including a
tentative statement indicating the type of construction to be used.
(i) A tabulation of the total area, number of dwelling units, and overall density per
acre.
13-12 Revision of Plans After Final Approval: Any request to change an approved
development plan which affects the intent and character of the development, the density
or land use pattern, the location or dimension of streets, or similar changes, shall follow
the procedures set forth in Section 35 of this Ordinance. A request for revision of the
development plan shall be supported by a written statement of why the revisions are
necessary or desirable.
13-13 Compliance with Subdivision Regulations: The development shall comply with the
pertinent requirements of the Subdivision Regulations for Augusta.
13-14. Buffer Yard: A 10 foot wide buffer yard which meets the requirements of the Augusta
Richmond County Tree Ordinance as it pertains to side buffer yards is required along an entire
side or rear boundary of the proposed development if:
Attachment number 22
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(a) The proposed average lot size for the proposed development is less than 80% of the
average of the size of existing residential lots within 300 feet of a side or rear boundary
of the proposed development; or
(b) The proposed average lot size for the development is less than 80% of the minimum
lot size permitted by the zoning classification of property within 300 feet of a side or rear
boundary of the proposed development if such property is undeveloped but zoned single
family residential or agricultural.
Amended January 2008 – Section 13-14
Attachment number 22
Page 55 of 163
Item # 5
14 - 1
RESIDETIAL DISTRICT CLASSIFICATIOS
SECTIO 14
R-MH (MAUFACTURED HOME RESIDETIAL) ZOE
14-1 Permitted Uses:
(a) Any use permitted in the R-1 (One-family) Zone, subject to the restrictions and
regulations of the R-1 Zone.
(b) Manufactured Home Parks in accordance with the requirements of Section 27 of
this Ordinance.
(c) Manufactured Homes on individual lots in accordance with the provisions of
Section 27 of this Ordinance.
14-2 Height: The height provisions of the R-1 (One-family) Zone shall apply.
14-3 Area: Every lot in an R-MH (Manufactured Home Residential) Zone where
public sewer is to be used shall be 15,000 square feet. Every lot in an R-MH
(Manufactured Home Residential) Zone where an individual sewage disposal
system is to be used shall be developed in accordance with the provisions of the
Groundwater Recharge Area Protection Ordinance. The minimum lot (space)
area for manufactured home parks shall also be developed in accordance with the
provisions of the Groundwater Recharge Area.
14-4 Lot Width: The minimum lot width in the R-MH zone is 100 feet. For Manufactured
Home Parks the requirements shall be as set forth in Section 27 of this Ordinance.
14-5 Setbacks: Front, side, and rear yard setback requirements shall be the same as for the R-1
(One-family) Zone.
14-6 Lot Coverage: The lot coverage in the R-MH (Manufactured Home Residential) Zone
shall not be more than forty percent (40%).
Amended September 2005 – Sections 14-3 & 14-4
Attachment number 22
Page 56 of 163
Item # 5
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Attachment number 22
Page 57 of 163
Item # 5
15 - 1
RESIDETIAL DISTRICT CLASSIFICATIOS
SECTIO 15
R-2 (TWO-FAMILY) ZOE
15-1 Permitted Uses:
(a) Any use permitted in the R-1 (One-family Residential) Zone, subject to the
restrictions and regulations of the R-1 Zone.
(b) Two-family Dwellings.
15-2 Special Exception: The following may be permitted in a R-2 Zone by Special
Exception.
(a) Single-family attached dwellings and condominiums developed in accordance
with Section 13 of this Ordinance, provided that the density of dwellings shall not
exceed the regulations set forth in Section 15-4 (b) of this Ordinance.
(b) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one (100) feet from the boundary of the
less restricted zone.
15-3 Height: The height provisions of the R-1 Zone shall apply to the R-2 (Two-family
Residential) Zone.
15-4 Area:
(a) Size of Tract: The maximum size of any tract to be zoned and developed under
an R-2 Zone shall be one (1) acre.
(b) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be two
thousand five hundred (2,500) square feet in an R-2 Zone.
(c) Tract Area: Every tract in an R-2 Zone shall have a minimum width of fifty (50)
feet and a minimum area of five thousand (5,000) square feet.
(d) Lot Coverage: Not more than forty percent (40%) of the lot shall be covered by
buildings or structures in an R-2 Zone.
15-4 Setbacks:
(a) Front Setbacks: The front yard setback provisions of Sections 8-11 shall apply to
the R-2 (Two-family Residential) Zone.
(b) Side Setbacks: The side yard setback provisions of Sections 8-11 of this
Ordinance shall apply to the R-2 (Two-family Residential) Zone.
(c) Rear Setbacks: The rear yard setback provisions of Sections 8-11 of this
Ordinance shall apply to the R-2 (Two-family Residential) Zone.
Attachment number 22
Page 58 of 163
Item # 5
15 - 2
15-5 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 15-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended August, 2006, Section 15-2 (a)
Amended Sept. 2004, Section 15-5
Attachment number 22
Page 59 of 163
Item # 5
16 - 1
RESIDETIAL DISTRICT CLASSIFICATIOS
SECTIO 16
R-3A (MULTIPLE-FAMILY RESIDETIAL) ZOE
16-1 Permitted Uses:
(a) Any use permitted in the R-2 (Two-family) Zone subject to the restrictions and
regulations of the R-2 Zone; and
(b) Multiple-family dwellings.
16-2 Special Exception: The following may be permitted in the R-3A Zone by Special
Exception.
(a) Lodging house or tourist house.
(b) Single-family attached dwellings and condominiums developed in accordance
with Section 13 of this Ordinance, provided that the density of dwellings shall not
exceed the regulations set forth in Section 16-5 (a) of this Ordinance.
(c) Family personal care homes subject to the criteria established in Section 26 of this
Ordinance.
(d) Group personal care homes.
(e) Fraternity or sorority houses.
(f) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
DELETED.
16-4 Height: The height provisions of the R-2 (Two-family) Zone shall apply to the R-3A
Zone.
16-5 Area:
(a) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be four
thousand (4,000) square feet in an R-3A Zone.
(b) Tract Area: Every tract in an R-3A Zone shall have a minimum width of eighty
(80) feet and a minimum area of ten thousand (10,000) square feet.
16-6 Lot Coverage: The lot coverage provisions of the R-2 (Two-family) Zone shall apply to
the R-3A Zone.
16-7 Setbacks:
(a) Front Setbacks: The front yard setback provisions of Sections 8-8 of this
Ordinance shall apply to the R-3A (Multiple-family) Zone.
(b) Side Setbacks: The side yard setback provisions of Sections 8-8 of this Ordinance
shall apply, provided when a side yard abuts a zone described in Sections 8-8 of
this Ordinance, no structure may be constructed within 25 feet of the boundary of
that zone. If a six (6) foot brick or stucco wall is constructed beginning at the
front setback line and extending along the entire side property line adjoining the
zone described in Sections 8-8 of this Ordinance, then the required setback shall
Attachment number 22
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be fifteen (15) feet. Where a side yard abuts a public street the provisions for front
setbacks shall apply.
(c) Rear Setbacks: The rear yard setback shall be the greater of twenty-five (25) feet
or twenty (20) percent of the depth of the lot, but such yard need not exceed fifty
(50) feet.
16-8 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 16-
2 must be initiated within six (6) months of the granting, or the Special Exception
shall no longer be valid. The initiation of a use is established by the issuance of a
valid business license by the Augusta License and Inspections Department or by
other reasonable proof of the establishment of vested rights. If a Special
Exception is granted and the use is initiated but later ceases to operate for a
period of one (1) year, then the Special Exception shall no longer be valid.
Amended August, 2006, Section 16-2 (b)
Amended Sept. 2004, Section 16-8
Attachment number 22
Page 61 of 163
Item # 5
17 - 1
RESIDETIAL DISTRICT CLASSIFICATIOS
SECTIO 17
R-3B (MULTIPLE-FAMILY RESIDETIAL) ZOE
17-1 Permitted Uses:
(a) Any use permitted in the R-3A (Multiple-family Residential) Zone subject to the
restrictions and regulations of the R-3A Zone;
(b) Single-family attached dwellings and condominiums developed in accordance
with Section 13 of this Ordinance, provided that the density of dwellings shall not
exceed the regulations set forth in Section 17-5 (a) of this Ordinance.
(c) Lodging or tourist home.
(d) Family and group personal care homes.
(e) Fraternity or sorority house.
17-2 Special Exception: The following may be permitted in the R-3B Zone by Special
Exception:
(a) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
17-3 DELETED.
17-4 Height: Maximum height shall not exceed four (4) stories or seventy-five (75) feet,
except that the height may be increased as provided for in Section 29 of this Ordinance.
17-5 Area:
(a) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be two
thousand five hundred (2,500) square feet in an R-3B Zone.
(b) Tract Area: The tract area provisions of the R-3A (Multiple-family Residential)
Zone shall apply to the R-3B Zone.
17-6 Lot Coverage: The lot coverage provisions of the R-3A (Multiple-family Residential)
Zone shall apply to the R-3B Zone.
17-7 Setbacks:
(a) Front Setbacks: The front yard setback provisions of the R-3A Zone shall apply to
the R-3B Zone.
(b) Side Setbacks: The side yard setback provisions of the R-3A Zone shall apply to
the R-3B Zone.
(c) Rear Setbacks: The rear yard setback provisions of the R-3A Zone shall apply to
the R-3B Zone.
Attachment number 22
Page 62 of 163
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17-8 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 17-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended August 2006, Section 17-1 (b)
Amended Sept. 2004, Section 17-8
Attachment number 22
Page 63 of 163
Item # 5
18 - 1
RESIDETIAL DISTRICT CLASSIFICATIOS
SECTIO 18
R-3C (MULTIPLE-FAMILY RESIDETIAL) ZOE
18-1 Permitted Uses:
(a) Any use permitted in the R-3B (Multiple-family Residential) Zone subject to the
restrictions and regulation of the R-3B Zone;
(b) Single-family attached dwellings and condominiums developed in accordance
with Section 13 of this Ordinance, provided that the density of dwellings shall not
exceed the regulations set forth in Section 18-5 (a) of this Ordinance.
(c) Congregate personal care homes.
18-2 Special Exceptions: The following may be permitted in the R-3C Zone by Special
Exception:
(a) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
18-3 DELETED.
18-4 Height: Maximum height shall not exceed six (6) stories or one hundred and five (105)
feet, except that the height may be increased as provided for in Section 29 of this
Ordinance.
18-5 Area:
(a) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be one
thousand five hundred (1,500) square feet in an R-3C Zone
(b) Tract Area: The tract area provisions of the R-3A (Multiple-family Residential)
Zone shall apply to the R-3C Zone.
18-6 Lot Coverage: Not more than fifty percent (50%) of the lot may be covered by buildings
or structures.
18-7 Setbacks:
(a) Front Setbacks: The front yard setback provisions of the R-3A Zone shall apply to
the R-3C.
(b) Side Setbacks: The side yard setback provisions of the R-3A Zone shall apply to
the R-3C Zone.
(c) Rear Setbacks: The rear yard setback provisions of the R-3A Zone shall apply to
the R-3C Zone.
Attachment number 22
Page 64 of 163
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18-8 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 18-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended August 2006, Section 18-1 (b)
Amended Sept. 2004, Section 18-8
Attachment number 22
Page 65 of 163
Item # 5
19 - 1
RESIDETIAL DISTRICT CLASSIFICATIOS
SECTIO 19
PUD (PLAED UIT DEVELOPMET) ZOE
Statement of Intent: The intent of this section is to permit greater flexibility and, consequently,
more creative and imaginative design for development of residential areas than is generally
possible under conventional zoning regulations. It is further intended to promote more
economical and efficient use of land while providing a harmonious variety of housing choices,
higher level of amenities, and preservation of natural qualities of open spaces. Within the
Planned Unit Development Zone a variety of housing types and land uses may be permitted in an
orderly relationship to one another and to existing land uses, as well as with due regard to
comprehensive planning within Augusta, Georgia.
19-1 Definition: For the purpose of this section a Planned Unit Development is defined as a
land development project comprehensively planned as an entity via a unitary site plan
which permits flexibility in building siting, mixtures of housing types and land uses,
usable open spaces, and the preservation of significant natural features. Other terms or
words used in this section shall be as defined in Section 2, General Definitions, of this
Ordinance.
19-2 Permitted Uses within a PUD (Planned Unit Development) Zone shall be primarily
residential in character, and may include the following:
(a) Single-family detached dwellings.
(b) Single-family attached dwellings (townhouse, duplex, condominium or similar
type).
(c) Multiple-family dwellings.
(d) Public or semipublic institutions (churches, schools, community or club facilities,
and similar uses).
(e) Recreational Facilities, including swimming pools, tennis courts, golf courses,
and other recreational facilities intended for the primary use and enjoyment of the
residents of the proposed development.
(f) Common open space.
(g) Accessory uses to those listed above.
(h) Uses permitted within a B-1 (Neighborhood Business) Zone subject to the
restrictions of that zone and provided that the uses proposed meet the following
criteria:
(1) The location is appropriate in relation to other land uses on or adjacent to
the proposed development.
(2) The proposed commercial or retail use is designed so that it will primarily
serve the residents of the proposed development.
(3) The uses shall not, by reason of their construction, manner of operation,
signs, lighting, parking arrangements, or other characteristics, have
adverse effects on residential uses within or adjoining the proposed
development, or create traffic congestion or hazards to vehicular or
pedestrian traffic.
Attachment number 22
Page 66 of 163
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19-3 Size of Tract: The minimum size of any tract to be zoned and developed for a Planned
Unit Development shall be five (5) acres and the tract shall have permanent paved access
to a paved public road or a road to be paved and dedicated to the public.
19-4 Area Limitations:
(a) Commercial Uses: A maximum of five (5) percent of the total area of the
proposed development may be devoted to commercial use, provided it conforms
with the criteria set forth in the B-1 (Neighborhood Business) Section of this
Ordinance.
(b) Residential Uses: A maximum of seventy-five percent (75%) of the remaining
(noncommercial) area of the tract may be devoted to residential use. Residential
use shall be deemed to include streets, alleys, parking areas, private open spaces
and courts, and uses accessory to residential uses. It shall exclude portions of the
tract devoted to usable open space, recreational, or institutional uses.
(c) Open Space, Recreational, Public and Semipublic Institutional Uses: A minimum
of twenty-five percent (25%) of the remaining (noncommercial) area of the tract
shall be devoted to recreational and/or open space. Land in excess of the
minimum requirement for recreational and/or open space may be devoted to
public or semi- public institutional use. The area reserved for recreational and/or
open space uses shall be held in common for the enjoyment of the residents of the
development or dedicated to the Augusta- Richmond County Commission for the
use and enjoyment of the general public.
19-5 Lot and Building Size Requirements:
(a) Lot Size: There shall be no minimum lot size, no minimum side or rear setbacks,
no minimum percentage of lot coverage, no minimum lot width, provided,
however, that measures shall be taken to provide reasonable visual and acoustical
privacy for dwelling units. Furthermore, every dwelling unit shall have access to a
public or private street, common court or walkway, or other area dedicated to
public or common use.
(b) Building Heights: There shall be no maximum building height except in those
areas that are located within the Airport Approach Zones or Airport Turning
Zones established in Section 28 of this Ordinance.
(c) Building Length: There shall be no continuous residential structure such as
townhouses, attached dwellings, or multifamily dwellings containing more than
eight (8) dwelling units.
19-6 Density Requirements: The maximum number of dwelling units per acre permitted in
the residential areas of the Planned Unit Development Zone shall be twelve (12) units per
acre. The total number of dwelling units to be permitted in a Planned Unit Development
Zone shall be computed by subtracting the area to be used for roadways from the total
residential acreage and multiplying the remainder times twelve (12). When it is
determined that a greater density is consistent with planning principles by evaluating such
factors as the density of development of the surrounding area, environmental
considerations, and the road system serving the tract, a density greater than twelve (12)
units per acre may be approved by the Planning Commission.
19-7 Open Space Standards: Common open space required by these regulations shall be
developed in accordance with the following:
Attachment number 22
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19 - 3
(a) The amount of open space required by Section 19-4(c) of this Ordinance shall not
include land area devoted to other uses including private yards, patios or decks,
parking structures, open parking areas, driveways, or accessory structures, except
recreational structures. Land devoted to institutional uses, such as churches or
schools, may be included.
(b) Common open space shall be used for amenity or recreational purposes. The uses
proposed for the common open space must be appropriate to the scale and
character of the Planned Unit Development, considering the size, density,
expected population, topography, and the number and type of dwellings to be
provided.
(c) Common open space must be suitably improved for its intended uses, but
common open space containing natural features, existing trees and ground cover
worthy of preservation may be left unimproved.
(d) The buildings, structures, and improvements proposed in the common areas shall
be appropriate to the uses which are proposed for the common open space and
shall conserve and enhance the amenities of the common open space.
(e) The general statement of the proposed development staging required by the
Subdivision Regulations for Augusta-Richmond County must provide for
coordination of the improvement of the common open space with the construction
of buildings and structures in the common open space and the construction of
residential dwellings in the Planned Unit Development.
(f) Legal instruments guaranteeing the permanent retention and maintenance of the
common open space shall be prepared and recorded with the proper authorities.
19-8 General Development Requirements:
(a) Every Planned Unit Development shall be provided with a public water supply
and public sewage disposal system. In no case shall individual wells be allowed
as a method of water supply nor shall individual or community septic tanks be
allowed as a method of sewage disposal.
(b) Internal streets intended to be dedicated to the Augusta Commission shall
conform with the requirements of Article IV of the Subdivision Regulations for
the Augusta Commission. If private streets are proposed, the alignment and
gradient shall be properly adapted to the topography, to safe movement of traffic,
and to adequate control of surface water, ground water, and drainage. Private
streets shall be surfaced with a pavement acceptable to the Department of Public
Works and Engineering.
(c) Off-street parking shall be provided for each individual land use in accordance
with the requirements set forth in Section 4 of this Ordinance.
(d) Where a Planned Unit Development abuts another residential district, a permanent
open space at least twenty-five (25) feet wide, or greater if deemed necessary by
the Planning Commission or Augusta-Richmond County Commission shall be
provided along the property lines. The Planning Commission may require such
open space along all property lines if it is deemed desirable. This open space area
shall be left in its natural state or maintained with landscaping, and no driveway
or off-street parking shall be permitted in such open space. This area may be
included as part of the required open space.
Attachment number 22
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(e) At the discretion of the Planning Commission, the applicant requesting a rezoning
to a PUD (Planned Unit Development) Zone may be required to provide such
additional information as is deemed necessary to justify and support the type of
development proposed. Such information shall be in addition to that required
under Article V of the Subdivision Regulations for Augusta- Richmond County.
19-9 Revision of Plans after Final Approval: Any change in the approved development plan
which affects the intent and character of the development, the density or land use pattern,
the location or dimension of streets, or similar changes, shall be reviewed first by the
Planning Commission and then by the Augusta-Richmond County Commission after
receipt of the recommendation of the Planning Commission regarding the changes. A
request for revision of the development plan shall be supported by a written statement of
why the revisions are necessary or desirable.
Attachment number 22
Page 69 of 163
Item # 5
20 - 1
PROFESSIOAL/OFFICE DISTRICT CLASSIFICATIO
SECTIO 20
P-1 (PROFESSIOAL/OFFICE) ZOE
20-1 Permitted Uses:
(a) General offices where no retail or wholesale sales are conducted resulting in the
exchange of goods on the premises and where no vehicles or equipment other
than standard passenger vehicles (cars, vans, and pickup trucks) are parked or
stored on the premises.
(b) Physicians, lawyers, engineers, architects, and similar professional uses which
may occupy an entire building or group of buildings.
(c) DELETED.
(d) Branch banks or other financial institutions.
(e) Freestanding Automated Teller Machines.
(f) DELETED.
(g) Provision of the following services where no retail or wholesale activities are
conducted on the premises: insurance, finance, mortgage, accounting, appraisal,
business consultant, real estate, and other similar services.
(h) Beauty shops, barber shops.
(i) Uses customarily incidental to any of the above uses located within the same
building or group of buildings and accessory buildings, when located on the same
lot, including garages for the use of patrons and for employees.
(j) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
(k) Fence, walls: A fence, latticework screen, or wall in a required side or rear yard
shall not exceed six (6) feet in height. A fence, latticework screen, or wall located
in a required front yard shall be limited to four (4) feet in height. Any fence, wall,
or landscape feature located at the corner of intersection streets described in
Section 3-6 of this Ordinance shall be subject to additional restrictions discussed
in that subsection.
(l) Any office or professional use which is similar in character or nature to
the above mentioned uses upon approval and resolution of the Augusta-
Richmond County Planning Commission may be permitted in a P-1 zone.
20-2 Special Exceptions: The following Specials Exceptions shall apply in a P-1 Zone and
may be permitted upon approval of the location by the Augusta-Richmond County
Commission:
(a) Facilities for public or private assembly such as conference center, convention
centers, meeting rooms, hospitality facilities (if utilized for more than fourteen
total days per calendar year), and facilities utilized for similar social events.
Applications for special exceptions pursuant to this subsection shall be
Amended June 2005, Section 20-1 (l)
Attachment number 22
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Item # 5
20 - 2
accompanied by supportive documentation which describes in detail the
services to be provided and the proposed use and development of the site.
This supporting documentation shall illustrate conformity to the following
objective and subjective criteria. Special exceptions granted pursuant to
this subsection shall be specifically for the use described, and they shall be
invalid and automatically rescinded if the use changes substantially or
ceases to exist for a period of one year:
(1) Exterior lighting shall be designed so that the light is reflected
away from adjacent properties;
(2) If there are any single-family residences on adjoining properties
then all outdoor activities shall cease at 11:00 P.M.;
(3) Only one sign per street front shall be permitted. Such sign may
identify the business only, not to exceed 24 square feet in area, and
extend not higher than six feet above the ground. No such sign
may be internally lighted;
(4) Alcoholic beverages may not be sold on the premises. An open
bar where guests are not charged for drinks may be provided;
(5) The volume of amplified sound shall be kept at such a level that it
is not audible from any single-family residence;
(6) Parking facilities shall be provided as the staff deems necessary;
(7) The design and scale of any improvements shall be consistent with
the surrounding area;
(8) Improvements shall conform to all appropriate provisions of the
Tree Ordinance; and
(9) Additional conditions may be imposed if deemed appropriate to
the proposed use and location.
(b) Any use set forth in the R-3C zone, subject to the restrictions and
regulations of the R-3C Zone.
20-3 Height: Not to exceed three (3) stories nor higher than fifty-five (55) feet.
20-4 Setbacks:
Front Yard: The front yard setback provisions of the R-3A Zone shall apply to the P-1
Zone;
Side Yard: The side yard setback provisions of the R-3A Zone shall apply to the P-1
Zone;
Rear Yard: The rear yard setback provisions of the R-3A Zone shall apply to the P-1
Zone.
20-5 Maximum Individual Building Area: No individual building, whether freestanding or
attached as part of a planned center or similar group of buildings, may be constructed in
excess of 15,000 gross square feet in area after the effective date of the Ordinance
amendment.
Attachment number 22
Page 71 of 163
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20 - 3
20-6 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 20-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2004, Section 20-6
Attachment number 22
Page 72 of 163
Item # 5
21 - 1
BUSIESS DISTRICT CLASSIFICATIOS
SECTIO 21
B-1 (EIGHBORHOOD BUSIESS) ZOE
21-1 Permitted Uses:
(a) Any use permitted in the P-1 (Professional/Office) Zone or the R-3C (Multiple-
family Residential) Zone subject to the restrictions and regulations of the
respective Zone.
(b) The following uses are authorized in a B-1 Zone:
(1) Apparel store
(2) Bakery
(3) DELETED.
(4) DELETED.
(5) Dry cleaning and laundry establishment, excluding steam and power
laundries, operated in conjunction with customer service counters and
limited to the dry cleaning and laundering of articles delivered to the
premises by individual customers provided, however, that no materials
may be used in any laundering or cleaning process which are explosive,
inflammable, combustible, or toxic in greater degree than
Perchlorethlylene or equivalent, and provided further that no odor, fumes,
or other nuisance producing agents are expelled in such a way as to be
detectable beyond the property line of the property used for such
businesses.
(6) Medical equipment and medical supply store
(7) Drive-in type retail business where a customer is waited upon in an off-
street parking area, or where a customer conducts business directly from a
vehicle with an agent in the building.
(8) Drug store
(9) Dry goods or notions store
(10) Florist or gift shop
(11) Grocery, fruit or vegetable market
(12) Hardware or electric appliance store
(13) Jewelry store
(14) Health spa, tanning booth, massage therapy establishment
(15) Meat market or delicatessen
16) Motel
(a) DELETED.
(b) There shall be staff or management on duty 24 hours per day 7
days per week;
(c) Each guest room shall have a minimum area of 280 square feet;
(d) No business license shall be issued for any business operated from
any guest room; and
(e) No more than half of the total number of guest rooms shall have
kitchenettes or any kitchen facilities.
(17) Music store
(18) Newsstand
(19) Video rental store
Attachment number 22
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21 - 2
(20) DELETED
(21) Photographer (including sale of supplies and equipment)
(22) Restaurant, tea room, or cafe (excluding dancing or entertainment)
(23) DELETED.
(24) Shoe store and shoe repair shop
(25) Supermarket
(26) Tailor
(27) Variety store
(28) Churches, parochial and private schools, transitional housing, family day
care homes, adult day care facilities, private hospitals, clubs (public and
private), and nursing homes. These uses are also permitted by Special
Exception in other zones discussed in Section 26-1 of this Ordinance.
Uses which would in any way involve detained persons, or persons who
would be or have been released from correctional facilities such as
halfway homes, or similar uses that in any way relate to corrections or
incarceration may not be permitted by right in the B-1 zone.
(29) Veterinarian Clinic (no outside kennels allowed)
(30) Group day care homes and day care centers.
(31) Establishments having less than three video electronic games or
amusements on site in conjunction with a permitted use other than a use
specializing in or characterized as a video electronic game room, arcade,
or similarly defined establishment. Where the property line of the
permitted use is located within 1500 feet of any property line of any
private or public educational institution having all or some combination of
grades kindergarten through twelfth, no electronic games or amusements
are allowed.
(32) Construction Trailers Subject to the following:
a) A Manufactured Home permit shall be acquired from the
Augusta- Richmond County Planning Commission;
b) The location for the Construction Trailer shall be shown
and approved on a Site Plan. Said location shall be as far
removed from and buffered from residential areas and
public streets as practical;
c) The Construction Trailer shall be tied down and
underpinned; and
d) The Construction Trailer shall be removed from the
property prior to issuance of a Certificate of Occupancy.
(c) The above specified businesses, stores, or shops shall be retail or service
establishments only.
(d) Any business which is similar in character or nature to the above mentioned uses
upon approval and resolution of the Augusta- Richmond County Planning
Commission may be permitted in a B-1 Zone.
Amended January 2005 – Section 21-1 (b)(32
Attachment number 22
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Item # 5
21 - 3
(e) Shopping Centers: The petitioner shall submit to the Planning Commission a
preliminary development plan for the shopping center showing the arrangement of
the buildings, off-street parking, internal traffic movement and service facilities
which are feasible for the property on which the center is to be located. The
petitioner shall plan the center to minimize any adverse effects on the property
surrounding the proposed development. The preliminary plot plan shall show the
following:
(1) Topographic features of the proposed development and the area within
two hundred (200) feet of the center.
(2) Proposed off-street parking layout.
(3) Loading zones.
(4) Planting areas.
(5) Driveways, entrances, and exits.
(6) General drainage system.
(7) Sign locations.
(8) Walkways.
(9) Water and gas mains.
(10) Power source.
21-2 Special Exceptions:
The following may be permitted in a B-1 Zone by Special Exception:
Application for such a Special Exception shall include a Conceptual Plan showing the
size and elevation of all buildings to be built on the site, proposed ingress and egress,
buffering if any beyond the minimum requirements of the Tree Ordinance, and all
proposed sign locations. The proposed use of the property shall also be disclosed.
a) Individual buildings - Individual buildings, whether freestanding or attached as part
of a shopping center or similar group of buildings, which would exceed 15,000 gross
square feet of area may be permitted by special exception in B-1 zones if they
generally conform to the following subjective and objective criteria:
• Surrounding area – the nature of the surrounding area is not predominantly
residential with only a few commercial uses interspersed;
• Location – the property is located at or within 500 feet of the intersection of two
arterial streets
• Nature of the use – the goods and services to be offered cater generally to the
surrounding area such as a drug store or a grocery store, not to the city as a whole
such as a large appliance store.
b) Convenience Stores - Convenience stores may be permitted by Special Exception in
B-1 zones if they generally conform to the following subjective and objective criteria:
• Hours of operation – the establishment would not be open for business more than
18 hours per day
Attachment number 22
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21 - 4
• Illumination – the entire site would not be illuminated as a way to attract
attention, but rather to a level consistent with security and identification of the
business
• Location – the property is located at or within 500 feet of the intersection of
arterial streets or within 500 feet of such an intersection
• Surrounding area – the nature of the surrounding area is not predominantly
residential with only a few commercial uses interspersed
• Video games/Amusements - video games/nor similar amusements are to be
located on the property
c) Liquor Store – Liquor stores may be permitted by Special Exception in B-1 zones if
they generally conform to the following subjective and objective criteria:
• Surrounding area – the nature of the surrounding area is not predominantly
residential with only a few commercial uses interspersed;
• Location – the property is at the intersection of two arterial streets or within 500
feet of such an intersection;
• Proximity to public places – the property is not within 1000 feet of a public park
or recreation area, school or library
21-3 DELETED.
21-4 DELETED.
21-5 Maximum height of buildings in a B-1 Zone shall not exceed three (3) stories nor
exceed fifty-five (55) feet in height.
21-6 Setbacks:
(a) Front Setback: The front yard setback requirements in Section 8 shall apply to
the B-1 (Neighborhood Business) Zone.
(b) Side Setback:
(1) Where the side yard of a lot in a B-Zone abuts the side of a lot in an R-
Zone, there shall be a side yard of not less than five (5) feet for each story
of twelve (12) feet in height, but such side yard shall not be less than ten
(10) feet in width. In all other cases, a side yard for a commercial building
shall not be required, but if provided, it shall not be less than three (3) feet
in width.
(2) On a corner lot in a B-Zone which abuts an R-Zone, there shall be
provided a side yard on the side street equal in depth to the required front
yard on said side street.
Amended May 2009 –Section 21-2
Attachment number 22
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Item # 5
21 - 5
(c) Rear Setback:
(1) Where the B-Zone abuts an R-Zone, there shall be a rear yard the greater
of twenty (20) percent of the depth of the lot or twenty (20) feet, but such
rear yard shall not exceed fifty (50) feet. In all other cases no rear yard
shall be required, but if provided, it shall not be less than three (3) feet in
depth.
21-7 Maximum Individual Building Area:
No individual building, whether freestanding or attached as part of a shopping center or
similar group of buildings, may be constructed in excess of 15,000 gross square feet in
area after the effective date of the Ordinance amendment, except as provided for at 21-
2(a).
21-8 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 21-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2004, Section 21-8
Attachment number 22
Page 77 of 163
Item # 5
22 - 1
BUSIESS DISTRICT CLASSIFICATIOS
SECTIO 22
B-2 (GEERAL BUSIESS) ZOE
22-1 Permitted Uses:
(a) Any use permitted in the B-1 (Neighborhood Business) Zone subject to the
restrictions and regulations of the B-1 Zone.
(b) The following uses are authorized in a B-2 (General Business) Zone:
(1) Stores and shops for the conducting of any retail business.
(2) Restaurants, cafes (including dancing and entertainment).
(3) Theaters, billiard or pool parlors, bowling alleys, skating rinks, or similar
recreational uses or places of assembly, and establishments having less
than three (3) video or electronic games or amusements on site in
conjunction with another permitted use other than a use or place
specialized in or characterized as being a video or electronic game room,
arcade, or similarly-defined establishment except where the property line
of the other permitted use lies within fifteen hundred (1,500) feet of the
property line of any public or private educational institution having all or
some combination of grades kindergarten through twelfth.
(4) Telephone offices and call centers.
(5) Baking, confectionery, dressmaking, dyeing, laundry, printing, tailoring,
upholstering, and similar establishments, and businesses of a similar and
no more objectionable character; subject to the following provisions: All
goods or products manufactured or processed shall be sold on the
premises. All such manufacturing and processing shall be done on the
premises.
(6) Golf Driving ranges subject to the following:
(a) That the minimum size of a tract to be used as a golf driving range
be ten (10) acres,
(b) That a one-hundred (100) foot buffer area be required between
surrounding properties and the golf driving range operation.
(7) Public parking garages, automobile parking lots and automobile sales lots.
(8) Flea Markets: Goods may be displayed outside buildings during daily
business operations, but goods must be stored inside buildings when daily
business operations cease. Buildings utilized in conjunction with flea
markets must conform to all appropriate codes. Prospective flea market
license applicants must also conform with Section 3 of Augusta-Richmond
County Ordinance Number 84-4.
(9) Mini-warehouses
(10) Travel Trailer Parks
(11) Business Parks, mixed use facilities where fifty (50) percent or more of
the gross leasable area of buildings is designed for and occupied by
commercial, retail, or service tenants, and the remainder is occupied by
wholesale, storage, or warehouse facilities. Adequate parking pursuant to
Section 4 of this Ordinance must be provided prior to the issuing of a
certificate of occupancy. No materials, machinery, equipment or products
may be stored outside of buildings in a business park. No loading doors
Attachment number 22
Page 78 of 163
Item # 5
22 - 2
shall be visible from a public road or from any R-1 (One-family
Residential) Zone. All delivery vehicles must be parked in the designated
loading areas.
(12) Video electronic game rooms or arcades. Prospective applicants for
licenses to operate electronic game rooms or arcades must conform with
Section 6-6-45 of the Augusta-Richmond County Code.
(13) Automobile service stations and automobile repair garages where no body
or fender repairs take place, provided that:
(a) All repair work and vehicle storage shall be conducted within an
area enclosed on all sides by a solid wall or finished board fence
not less than six (6) feet in height and maintained in good
condition at all times;
(b) No dismantling of vehicles to obtain auto parts or other such
activity shall be conducted;
(c) Such use shall be located at least one hundred (100) feet from any
residential district or use;
(d) There shall be no opening in said building on any side facing a
residential district or use other than a stationary window; and
(e) Nonconforming automobile repair garages and automobile service
stations shall be made to conform with Subsections (a) & (b) of
Section 22-1 (13) of this Ordinance.
(14) Gun Shops
(15) Pawn Shops
(16) Funeral Homes
(17) Car Wash
(18) Hotel - subject to the following restrictions and regulations:
(a) There shall be no direct vehicular access to any guest room;
(b) There shall be staff or management on duty 24 hours per day seven
days per week;
(c) Each guest room shall have a minimum of 280 square feet;
(d) No business license shall be issued for any business operated from
any guest room; and
(e) No more than half of the total number of guest rooms shall have
kitchenettes or any kitchen facilities.
(19) Liquor stores.
(20) Convenience stores.
(21) Fence, walls: A fence, latticework screen, or wall in a required front, side
or rear yard shall not exceed six (6) feet in height. Any fence, wall or
landscape feature located at the corner of intersecting streets described in
Section 3-6 of this Ordinance shall be subject to additional restrictions
discussed in that subsection.
22-2 Special Exceptions: The following may be permitted in a B-2 Zone by Special
Exception:
(a) Automobile body and fender repair provided that:
(1) All repair work and vehicle storage shall be conducted within an area
enclosed on all sides by a solid wall or finished board fence not less than
six (6) feet in height; and
Attachment number 22
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22 - 3
(2) No dismantling of vehicles to obtain auto parts or other such activity shall
be conducted; and
(3) Such use shall be located at least one hundred (100) feet from any
residential district or use.
(b) DELETED.
(c) Collection of materials for recycling subject to the following restrictions:
(1) No volume reduction or physical or chemical alteration of collected
materials may be conducted; and
(2) All materials upon collection shall be expeditiously placed inside a
building, truck trailer, or other enclosure. No collected materials may be
stored outside such an enclosure at the end of the normal business day.
(d) Hotel, Extended Stay - subject to the following restrictions and regulations:
1) There shall be no direct vehicular access to any guest room;
2) There shall be staff or management on duty 24 hours per day seven days
per week;
3) Each guest room shall have a minimum of 280 square feet;
4) No business license shall be issued for any business operated from any
guest room;
5) No outside storage or permanent parking of equipment or vehicles shall be
permitted;
6) No buildings constructed under this section may be converted to or used as
apartments or condominiums; and
7) A preliminary plan shall be submitted showing the proposed layout of
buildings, ingress/egress, buffers and landscaping, amenities, and the
density of development. This preliminary plan shall be a consideration in
granting the Special Exception.
(e) Motel, Extended Stay - subject to the following restrictions and regulations:
1) DELETED.
2) There shall be staff or management on duty 24 hours per day seven days
per week;
3) Each guest room shall have a minimum of 280 square feet;
4) No business license shall be issued for any business operated from any
guest room;
5) A preliminary plan shall be submitted showing the proposed layout of
buildings, ingress/egress, buffers and landscaping, amenities, and the
density of development. This preliminary plan shall be a consideration in
granting the Special Exception;
6) No vehicle storage or permanent parking of equipment or vehicles shall be
permitted; and
7) No buildings constructed under this section may be converted to or used as
apartments or condominiums.
(f) Business parks - as defined in Section 22-1 (11) where thirty (30) percent or
more of the gross leasable area of buildings is designed for and occupied by
commercial, retail, or service tenants, and the remainder is occupied by
wholesale, storage, or warehouse facilities.
22-3 The maximum height of a professional or commercial building or structure in the B-2
Zone shall not exceed one hundred sixty-five (165) feet.
Attachment number 22
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Item # 5
22 - 4
22-4 The setback provisions of the B-1 Zone shall apply to the B-2 Zone.
22-5 Maximum Individual Building Area: There shall be no maximum individual building
area in the B-2 (General Business) Zone.
22-6 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 22-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2008, Section 22-2 (f)
Amended Sept. 2007, Section 22-3
Attachment number 22
Page 81 of 163
Item # 5
23 - 1
IDUSTRIAL DISTRICT CLASSIFICATIOS
SECTIO 23
LI (LIGHT IDUSTRIAL) ZOE
23-1 Permitted Uses:
(a) Any use permitted in the B-2 (General Business) Zone subject to the restrictions
and regulations of the B-2 Zone.
(b) The following uses are authorized in the LI Zone:
(1) Wholesale, storage, and warehouse facilities.
(2) Lumber, feed, or other similar storage yards, but not salvage yards, coal
yards, or junkyards.
(3) Uses of light manufacturing nature. Manufacturing establishments and
operations other than those classified as heavy industry (Section 24),
which are housed within a building and emit no excessive noise, dust, or
vibrations beyond the property on which the establishment is located.
(4) Automobile body and fender repair provided that all repair work and
vehicle storage shall be conducted within an area enclosed on all sides by
a solid wall, or finished fence not less than six (6) feet in height.
(5) Storage of construction equipment and other heavy equipment, and trucks
in excess of one (1) ton capacity and having three (3) or more axles.
(6) Collection of materials for recycling subject to the following restrictions:
(a) No volume reduction or physical or chemical alteration of
collected materials may be conducted; and
(b) All materials upon collection shall be expeditiously placed inside a
building, truck trailer, or other enclosure. No collected materials
may be stored outside such an enclosure at the end of the normal
business day.
23-2 Uses prohibited in an LI Zone:
(a) Any use that may be noxious or injurious by reason of the production or emission
of dust, refuse matter, odor, gas fumes, noise, vibrations, radiation, or similar
substances or conditions.
(b) Residential use is specifically prohibited.
23-3 Height: The maximum height of a building or structure in a LI Zone shall not exceed one
hundred sixty-five (165) feet.
23-4 Area: The entire lot in an LI Zone may be covered with the exception of mandatory
open spaces hereinafter required.
23-5 Setbacks:
(a) Front yard, forty (40) feet.
(b) Side yards, ten (10) feet each.
(c) Rear yard, twenty-five (25) feet.
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Item # 5
23 - 2
23-6 Distance from an R-Zone: Industrial activities, including construction of buildings for
industrial use, storage of materials, and loading facilities shall not be located within 50
feet of a R-Zone boundary. Parking of vehicles except for automobiles that are used by
employees and customers shall not be permitted within 50 feet of an R-Zone boundary.
23-7 DELETED.
Attachment number 22
Page 83 of 163
Item # 5
24 - 1
IDUSTRIAL DISTRICT CLASSIFICATIO
SECTIO 24
HI (HEAVY IDUSTRIAL) ZOE
24-1 Permitted Uses:
(a) Any use permitted in an LI (Light Industry) Zone, subject to the rules and
regulations of the LI Zone.
(b) DELETED.
(c) Uses customarily incidental to the above uses and necessary buildings when
located on the same lot.
(d) The following uses provided, however, no building, structure, or portion thereof,
shall be hereafter erected, converted, or otherwise used for residential purposes:
(1) Acetylene gas manufacture and storage
(2) Alcohol manufacture
(3) Deleted
(4) Asphalt manufacture or refining
(5) Deleted
(6) Boiler works
(7) Central station light or power plant
(8) Deleted
(9) Concrete or clay manufacture
(10) Cotton gin
(11) Deleted
(12) Gas manufacture from coal or petroleum or the storage thereof
(13) Deleted
(14) Meat products manufacture
(15) Deleted
(16) Planing Mill
(17) Plaster manufacture
(18) Plastic manufacture
(19) Potash works
(20) Power forge
(21) Excavation of mineral deposits including but not limited to stone, sand,
clay, gravel, and operations incidental thereto.
(22) Deleted
(23) Manufacturing of other products that is not noxious or offensive by reason
of emission or creation of odor, dust, fumes, smoke, gas, noise, vibration,
radiation, or similar substance.
(24) Deleted
(25) Tar distillation or tar products manufacture
(26) Animal kennel
Amended November 2007
Attachment number 22
Page 84 of 163
Item # 5
24 - 2
(27) Inert Fill Area
Where there are no residences or residentially zoned properties located
within 1000 feet of the boundary of the property upon which the inert fill
area would be located, or where the finished grade of the inert fill area
would not be greater than 10 feet in elevation above the highest elevation
of any adjoining property.
(28) Petroleum products manufacture or wholesale aboveground storage of
petroleum or its products in quantities not exceeding twelve thousand
(12,000) gallons consistent with the minimum separation requirements that
appear in table 4.3.2.4 of NFPA 30A. Underground storage tanks shall meet
all applicable requirements of Chapter 4 and Chapter 5 of NFPA
24-2 Uses Permitted by Special Exception:
(a) The following uses require a Special Exception in the HI (Heavy Industry) Zone.
In no case shall any use listed below be allowed within 300 feet of an R-Zone
(Residential).
(1) Acid manufacture, hydrochloric, nitric, picric, or sulfuric acid
(2) Cement, lime, clay or gypsum, or plaster manufacture
(3) Chlorine or similar noxious gases
(4) Distillation of bones
(5) Drop forge industries manufacturing forgings with power hammers
(6) Explosives, manufacture or storage
(7) Fertilizer manufacture
(8) Garbage, offal, dead animal reduction or dumping
(9) Glue manufacture
(10) Hair manufacture
(11) Deleted
(12) Processing of sauerkraut, vinegar, or yeast
(13) Rendering or refining of fats and oil
(14) Stockyard or feeding pen
(15) Slaughter of animals, not including the killing of fowl
(16) Automobile wrecking or junk yards; storage, sorting, collecting, or baling
of rags, paper, metal, or other items not usable in their current state. These
uses must be enclosed on all sides by a solid wall or board fence not less
than six (6) feet in height.
(17) Any other use that is noxious or offensive by reason of the emission or
creation of odor, dust, fumes, smoke, gas, noise, vibration, radiation, or
similar substances, or conditions equal in aggregate amount to that of any
use specified.
(18) Inert Fill Area - Where there are residences or residentially zoned
properties located within 1000 feet of the boundary of the property upon
which the inert fill area would be located, or where the finished grade of
the inert fill area would be greater than 10 feet in elevation above the
highest elevation of any adjoining property.
(19) Ammonia or bleaching powder manufacture
(20) Atomic energy reactor station
(21) Chemical manufacture
(22) Creosote manufacture or treatment
(23) Incinerator
Attachment number 22
Page 85 of 163
Item # 5
24 - 3
(24) Tanning, curing, or storage of raw hides
(25) Petroleum products manufacture or wholesale aboveground storage of
petroleum or its products in quantities exceeding twelve thousand (12,000)
gallons consistent with the minimum separation requirements that appear in
table 4.3.2.4 of NFPA 30A. Underground storage tanks shall meet all
applicable requirements of Chapter 4 and Chapter 5 of NFPA 30.11
24-3 Height: The maximum height of a building or structure in the H-I Zone shall be three
hundred (300) feet.
24-4 Setbacks: The setback provisions of the LI Zone shall apply to the HI Zone.
24-5 Prohibited uses: Residential use is prohibited in the HI zone.
24-6 Signs: DELETED.
24-7 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 24-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta License and Inspections Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Dec. 2010, Section 24-1(d)(9)
Amended May 2010, Section 24-2 (11 –deleted and 25 added)
Amended May 2010, Section 24-1 (15 – deleted and 28 added)
Amended April 2008, Section 24-1 (uses deleted), Section 24-2 (a) (uses reassigned)
Amended Sept. 2004, Section 24-7
Attachment number 22
Page 86 of 163
Item # 5
25 - 1
SPECIAL DISTRICT CLASSIFICATIOS
SECTIO 25
HPA (HISTORIC PRESERVATIO AREA) ZOE
ETIRE SECTIO DELETED .
Attachment number 22
Page 87 of 163
Item # 5
25 - A - 1
SPECIAL DISTRICT CLASSIFICATIO
SECTIO 25-A
PDR (PLAED DEVELOPMET RIVERFROT) ZOE
25-A-1 Statement of Intent: Recognizing the value of the Savannah Riverfront as an economic,
historic, recreational, and visual resource of tremendous value to the citizens of Augusta
and surrounding area and further recognizing it as an area of critical and sensitive
environmental concern, it is the intent of this section to provide for the orderly and
aesthetic development or redevelopment of the lands adjoining the Savannah River by:
(a) Creating a special Riverfront Development Review Board comprised of persons
with an interest or expertise in the orderly development of this resource.
(b) Limiting land uses to those which will provide the best utilization of the benefits
afforded by a riverfront location.
(c) Insuring that the regulations applicable to the riverfront will be responsive to the
dictates of the development economy at a given time.
(d) Setting forth sufficient design and development standards and criteria to provide
for maximum public benefit from the further development of the riverfront area
through a mixture of land uses, the provision and maintenance of public access,
elimination or mitigation of negative environmental impact from development,
aesthetic controls, and the beneficial coordination of residential, recreational, and
commercial utilization of the riverfront lands.
25-A-2 District Boundaries: The PDR (Planned Development Riverfront) Zone shall consist of
all of that area bounded by the following:
That area lying within a line beginning at the intersection of the Columbia and Richmond
County boundary line and the centerline of the first level of the Augusta Canal; thence in
a northeasterly direction along said boundary line to its intersection with the centerline of
the Savannah River; thence along the centerline of the Savannah River in a southeasterly
direction to a point intersected by a Bearing N 660 50'28"E; thence S 66050'28"W to a
point on the south bank of the Savannah River; thence S 66050'28"W a distance of 490.15
feet to a point; thence, N150 31' 32"W a distance of 817 feet, more or less, to a point on
the south toe of the Augusta levee; thence along the south toe of the Augusta levee in a
westerly direction to its intersection with the northwest right-of-way line of East
Boundary Extended; thence along the northwest right-of-way line of East Boundary
Extended and East Boundary in a southerly direction to a point located on the southwest
corner of the intersection of Reynolds Street and East Boundary; thence in a southerly
direction along the northwest right-of-way line of East Boundary a distance of 200.0 feet
to a point; thence, in a westerly direction running parallel to Reynolds Street to a point
located on the southeast right-of-way line of 9th Street; thence in a southwesterly
direction along the southeast right-of-way line of 9th Street to a point located where the
southwest right-of-way line of Jones Street Extended intersects with the southeast .right-
of-way line of 9th Street; thence in a westerly direction along the southwest right-of-way
line of Jones Street Extended to a point located at the southwest corner of the intersection
of Jones Street Extended and 9th Street; thence in a southerly direction along the
northwest right-of-way line of 9th Street a distance of 100.0 feet to a point; thence in a
westerly direction running parallel to Jones Street to its intersection with the centerline
Attachment number 22
Page 88 of 163
Item # 5
25 - A - 2
of Hawk's Gulley; thence in a southerly direction along the centerline of Hawk's Gulley
Extended to the centerline of Broad Street; thence in a westerly direction along the
centerline of Broad Street to its intersection with the centerline of the first level of the
Augusta Canal; thence along the centerline of the first level of the Augusta Canal in a
northwesterly direction to its intersection with the southern right-of-way of the Seaboard
System Railroad line; thence, running in a westerly direction along the southern right-of-
way of the Seaboard System Railroad line until its intersection with the southeast right-
of-way of I-20; thence, in a northeasterly direction along the southeast right-of-way line
of I-20 until its intersection with the centerline of the first level of the Augusta Canal;
thence, in a northwesterly direction along the centerline of the first level of the Augusta
Canal to the point of beginning.
25-A-3 Creation of Riverfront Development Review Board. Augusta- Richmond County
Commission shall create a Riverfront Development Review Board which shall consist of
ten (10) members, one of whom shall reside in each of the ten districts that together
constitute Augusta.
(a) Composition. The ten (10) members shall be selected from the following:
1. One (1) member of Augusta-Richmond County Commission;
2. One (1) member of the Augusta-Richmond County Planning Commission;
3. One (1) member of the Augusta Port Authority;
4. One (1) member of the Executive Committee of Historic Augusta, Inc.
5. One (1) member of Augusta Tomorrow; and
6. Five (5) residents of Augusta-Richmond County.
Ex-officio, nonvoting members shall include:
1. Executive Director of the Augusta-Richmond County Planning
Commission;
2. Director of the Department of Housing and Neighborhood Development;
and
3. Director of the Department of Public Works.
(b) Terms of Office. The members of the Review Board shall serve without pay.
Initial terms should be five (5) two-year terms and five (5) four-year terms. All
reappointment terms thereafter shall be for four years. All members shall be
eligible for re-appointment provided that they continue to meet the criteria for
their original appointment.
(c) Organization. The Review Board shall elect one of its members as Chairman and
one as Vice-Chairman. The Chairman shall preside over meetings of the Review
Board and shall have the right to vote on matters brought before the Board. A
Secretary to the Review Board shall be appointed from the Staff of the Augusta-
Richmond County Planning Commission and shall take minutes of each meeting.
A majority of the Board shall constitute a quorum. By-laws governing the time
and place of meetings and other necessary rules of procedure may be drawn and
adopted by the Board.
(d) Powers and Duties. The Riverfront Development Review Board shall review all
plans for development of properties lying within the boundaries of the PDR
(Planned Development Riverfront) Zone. The review shall consist of an
evaluation of compliance with the provisions for this section and evaluation of the
aesthetic qualities of the proposed development relative to adjacent developments.
The Review Board shall make a recommendation in writing to the Augusta-
Attachment number 22
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Item # 5
25 - A - 3
Richmond County Planning Commission for approval, modification, or
disapproval of the proposed development. No site plan shall be approved or
building permit issued until such written recommendation has been received and
considered by the staff of the Planning Commission, provided, however, that such
recommendation shall be transmitted no later than 45 days after receipt or the
proposed development shall be deemed to be approved by the Review Board.
25-A-4 Permitted Uses. The following uses may be permitted in the PDR (Planned
Development Riverfront) Zone:
(a) Food stores
(b) Apparel and accessory stores
(c) Water-based transportation and recreational facilities
(d) Eating and drinking places
(e) Florist and gift shops
(f) Newsstands and bookstores
(g) Beauty and barber shops
(h) Automobile parking lots and parking structures
(i) Marine equipment sales and services
(j) Professional offices
(k) Governmental facilities and activities
(l) Furniture and/or home furnishing stores
(m) Antique shops
(n) Drugstores
(o) Sporting goods stores
(p) Jewelry shops
(q) Hobby, toy and game stores
(r) Camera and photographic supply shops
(s) Tobacco shops
(t) Hotels, motels, or other lodging places except boarding houses, manufactured
home parks or travel trailer parks
(u) Personal or business service establishments
(v) Entertainment establishments as follows:
1. Motion picture theaters
2. Performing arts theaters and studios
3. Museums and art galleries
4. Other entertainment, cultural, and educational establishments, upon
approval of the Planning Commission
(w) Residential uses, all types, provided that the density shall be approved by the
Planning Commission.
(x) The following manufacturing type activities provided they are carried out in
conjunction with on-site retail sale of finished products:
1. Bakery
2. Confectionery
3. Leather goods
4. Pottery and related products
5. Glass and glassware
6. Jewelry making
7. Metal craft products
(y) Uses not specified may be permitted upon approval of the Planning Commission.
Attachment number 22
Page 90 of 163
Item # 5
25 - A - 4
25-A-5 Development Standards and Requirements
(a) Yard and Setback Requirements. There shall be no minimum lot size, side
or rear setback, percentage of lot coverage or lot width, provided,
however, that measures are taken to provide reasonable visual and
acoustical privacy for dwelling units and that no building or structure shall
be constructed so as to encroach within the designated flood way of the
Savannah River.
(b) Public Access. Application for approval of development in the PDR zone
shall include provisions for public access from a publicly- owned or
maintained roadway to that portion of the property designated as and
defined by the 100-Year Floodplain limit line under an Ordinance entitled
"An Ordinance to Prevent Damage From Floods; To Regulate Land Uses
in the Flood Plain, and for Other Purposes."
1. Public access areas shall consist of the designated 100 Year
Floodplain and one (1) twenty (20) foot access easement for every
three hundred (300) feet of river frontage, or portion thereof, to be
occupied by the proposed development.
2. The flood way and access easements shall be dedicated to the
Augusta-Richmond County Commission, be suitably landscaped,
and contain a walkway of sufficient width and surfaced with an all-
weather material as approved by the Department of Public Works
to facilitate pedestrian movement to and from the public roadway.
3. Said easement shall be permanently maintained by the owner,
developer, or an association of owners or residents having
responsibility for common areas within the proposed development.
4. All public access easements shall be clearly marked as such with a
permanent sign of not less than three (3) square feet in area.
(c) Building Design and Site Planning Standards. The following special
building design and site planning standards shall apply in the PDR Zone.
1. All development in the PDR zone shall comply with an Ordinance
entitled "An Ordinance to Prevent Damage From Floods; To
Regulate Land Uses in the Flood Plain, and For Other Purposes"
and approval of development plans under the provisions of this
section shall not constitute approval under other applicable codes
and ordinances.
2. No fencing along the exterior property lines of any development in
the PDR zone shall be permitted unless the proposed fence is
integrated completely with the design of the buildings, i.e. similar
in materials, design, and detailing. Developers are required to
fence or screen off-street parking and loading areas from view
from public roadways utilizing a four (4) foot fence, screen, or
landscaped earthen berm.
3. All construction in a PDR zone shall be of the following materials:
brick, stucco, poured-in-place architectural concrete, exposed
aggregate pre cast panels, and wood siding where appropriate and
permitted by codes. Unacceptable construction materials include
metal siding, concrete block, and high maintenance finishes such
as paint on concrete block. Exceptions to the provisions of this
Attachment number 22
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25 - A - 5
subsection may be granted for additions or modifications to
existing buildings, or for construction on the same parcel and in
close proximity to existing buildings. Exceptions may be granted
only in the case of hardship where it is determined that the
aesthetics of the surrounding area would not be adversely affected.
4. All mechanical equipment and service areas shall be screened from
view from adjacent roads and pedestrian ways, other structures,
and the Levee by structures or devices integral to the architecture
of the building. Wherever practicable, all utility systems in the
development shall be underground.
5. Preservation of existing trees on-site is required. Applications for
approval of development plans in the PDR Zone shall show the
location and type of all existing trees having a diameter
measurement of ten (10) inches measured at a height of four (4)
feet above ground level and shall indicate which of these trees are
to be retained. Removal of trees of that size or larger is prohibited
except where necessary to allow construction of buildings; needed
for street rights-of-way, walkways, and ancillary structures such as
patios; the tree is diseased, injured, or otherwise may pose an
unsafe visibility or sight distance; or unduly restricts the economic
use of the property. Where it is necessary to remove existing trees,
the developer is required to replace them with planting elsewhere
on-site.
6. All development proposed for the PDR zone will be reviewed for
its impact on or utilization of historic and potentially historic
structures. Developers are encouraged to coordinate adaptive
renovation and use of existing structures with the appropriate local
agencies or organizations having an interest in historic
preservation.
25-A-6 Application Requirements:
(a) An application for approval of development plans in the PDR Zone shall be made
to the Executive Director of the Augusta-Richmond County Planning
Commission. Eleven copies of the plans shall be provided to allow transmittal to
the members of the Riverfront Development Review Board at least seven (7) days
prior to the date of the Review Board meeting. Upon receipt of an application, the
Executive Director shall cause the members of the Review Board to be notified of
the date, time, and place of the meeting and shall transmit copies of the proposed
development plans to the membership.
(b) An application for review of the development plans shall include:
1. A boundary and topographic plat of the land to be included in the entire
development showing all rights-of-way and easements affecting the
property.
2. A plat showing any new building lots and their boundaries along with the
square footage contained in each and the location and rights-of-way of
proposed streets and public pedestrian ways.
3. The location of existing and proposed buildings and the number of stories
contained in each.
Attachment number 22
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Item # 5
25 - A - 6
4. The location and elevation of the water supply, sanitary, and storm
drainage systems.
5. The location and type of all common areas along with a statement of the
method to be used to insure the continued maintenance of such areas.
6. The location of all curb cuts, driving lanes, and parking areas.
7. The location and height of all walls, fences, and screen plantings.
8. A statement of proposed uses on a building by building basis and, where
applicable, on a floor by floor basis.
9. Architectural drawings indicating the proposed appearance of each
elevation and a general statement regarding exterior colors and materials.
10. The proposed location and character of signs and exterior lighting, service
areas and doors, and loading facilities.
11. A landscaping plan showing the location, size, and type of all plant
materials whether existing or proposed.
12. For residential developments, a tabulation of the total area, number of
dwelling units, off-street parking spaces and overall density per acre.
(c) Upon completion of its review, the Riverfront Development Review Board shall
transmit its findings along with recommendations for modifications, if any, to the
Executive Director who shall process the proposed development plans in
accordance with the Zoning Ordinance and the Land Subdivision Regulations for
Augusta- Richmond County Commission, if applicable.
(d) Any change in the approved development plan which affects the intent and
character of the development, the density or land use pattern, the location or
dimensions of streets or other access ways, or similar changes shall be reviewed
in the same manner as set forth above.
Attachment number 22
Page 93 of 163
Item # 5
25 - B - 1
SPECIAL DISTRICT CLASSIFICATIOS
SECTIO 25-B
SCA (SPECIAL SIG COTROL AREA) DISTRICT
ETIRE SECTIO DELETED
Attachment number 22
Page 94 of 163
Item # 5
25 - C - 1
SPECIAL DISTRICT CLASSIFICATIO
SECTIO 25-C
RIVER WATCH PARKWAY
ETIRE SECTIO DELETED
Attachment number 22
Page 95 of 163
Item # 5
25 - D - 1
SPECIAL DISTRICT CLASSIFICATIOS
SECTIO 25 - D
SAVAAH RIVER CORRIDOR PROTECTIO DISTRICT
25-D-1 Statement of Intent The intent of the regulations with this Zoning District is to limit
the use of the Savannah River Corridor, in conjunction with other government entities
along the Savannah River Corridor, in order to:
(a) Assure that the Savannah River in the City of Augusta will not become polluted
and unsuitable as a source for potable water;
(b) Protect the river corridor by establishing a natural vegetative buffer area
bordering the river;
(c) Preserve those qualities that make the river corridor suitable as a habitat for
wildlife;
(d) Help control erosion and to absorb flood waters; and
(e) Protect and safeguard the health and welfare of all the citizens of the City of
Augusta by providing protection of the section of the river that is or may be used
as a source of drinking water.
25-D-2 Description of District The limits of the Savannah River Corridor Protection (SRCP)
District are hereby defined to be all areas within 100 feet horizontally of the river,
measured from the river bank. This area shall remain in an undisturbed vegetative
buffer. The 100-foot buffer is measured from the uppermost part of the river bank,
usually marked by a break in slope. Although not within the buffer area, the area
between the top of the river bank and the water's edge shall be included in the SRCP
district.
Because these protective measures allow some latitude with land uses, and because the
District is not intended to prescribe a specific land use but rather to define a range of
acceptable land uses, the Savannah River Corridor Protection District is designed as an
overlay district. Within the range of land uses which can be located within the District,
this Section establishes performance standards which apply to development within the
District. The regulations of the underlying zoning district shall be maintained and not
affected, except in the event of conflict or discrepancy between the SRCP District and
the underlying district. In that case, the more stringent requirements shall be observed.
25-D-3 Establishment and Maintenance of atural Buf fer Except as permitted under this
section, all construction of buildings or structures is prohibited within the SCRP
District, and the existing natural vegetative buffer within 100 feet of the river bank shall
remain undisturbed.
25-D-4 Permitted Uses and Conditions The following uses are permitted, subject to certain
conditions, within the one hundred-foot (100') buffer of the SRCP District. Any
permitted use must also comply with the applicable regulations of the underlying
zoning classification.
(a) Single-family dwellings, including the usual accessory structures and
appurtenances, are subject to the following conditions:
Attachment number 22
Page 96 of 163
Item # 5
25 - D - 2
1. The dwelling shall be located on a tract of land containing at least two
acres and meeting all other zoning regulations.
2. There shall be only one such dwelling on each two-acre or larger tract of
land.
3. A septic tank or tanks serving such a dwelling may be located within the
buffer area; however, septic tank drain fields shall not be located within
the buffer area.
(b) Industrial and commercial land uses existing prior to the adoption of the Savannah
River Corridor Protection District, provided that:
1. Industrial and commercial uses shall not impair the drinking quality of the
river water as defined by the Federal Clean Water Act, as amended.
2. Industrial and commercial activity within the SRCP district shall meet all
applicable State and Federal environmental rules and regulations.
3. Septic tanks and septic tank drain fields serving industrial and commercial
uses are prohibited within the buffer area.
(c) The construction of road crossings and utility crossings, provided that the
construction of said crossings shall meet all requirements of the Augusta-
Richmond County Soil and Sediment Control Ordinance.
(d) Agricultural production and management, subject to the following conditions:
1. Agricultural activity shall be consistent with best management practices
established by the Georgia Soil and Water Conservation Commission;
2. Agricultural activity shall not impair the water quality of the river water as
defined by the Georgia Clean Water Act;
3. Agricultural activity shall be consistent with all applicable State and
Federal environmental regulations, and all regulations promulgated by the
Georgia Department of Agriculture.
(e) Timber production and harvesting, subject to the following conditions:
1. Forestry activity shall be consistent with best management practices
established by the Georgia Forestry Commission.
2. Forestry activity shall not impair the drinking water quality of the river
water as defined by the Georgia Clean Water Act.
(f) Wildlife and fisheries management activities consistent with the purpose of
O.C.G.A.12-2-8.
(g) Wastewater treatment facilities.
(h) Natural water quality treatment or purification facilities.
(i) Recreational uses consistent either with the maintenance of a natural vegetative
buffer or with river-dependent recreation. For example, paths, walkways, boat
ramps would be consistent with this criteria, but parking lots and hard-surface
tennis court would not.
(j) Other uses as permitted by the Georgia Department of Naural Resources or under
Section 404 of the Federal Clean Water Act.
25-D-5 Prohibited Uses The following uses are prohibited within the one hundred-foot (100')
buffer of the SRCP District.
(a) Handling areas for the receiving and storage of hazardous wastes;
(b) Disposal facilities for hazardous or solid wastes; and
(c) All construction activities within the buffer area, except as provided for in Section
25-D-6 (Exempt Uses.
Attachment number 22
Page 97 of 163
Item # 5
25 - D - 3
25-D-6 Exempt Uses The following uses are exempt from the one hundred-foot (100') buffer
requirements of the SRCP District:
(a) Land uses existing prior tot he adoption of the Savannah River Corridor
Protection District;
(b) Mining activities, if permitted by the Georgia Department of Natural Resources;
and
(c) Utilities, if such utilities cannot feasibly be located outside the buffer area, as
determined by the local government, provided that:
1. The utilities shall be located as far from the river bank as reasonably
possible;
2. Installation and maintenance of the utilities shall be such as to protect the
integrity of the buffer area to the extent reasonably possible;
3. The natural vegetative buffer shall be restored as quickly as possible
following any construction utility construction; and
4. Utilities shall not impair the drinking quality of the river water.
Attachment number 22
Page 98 of 163
Item # 5
26 - 1
SPECIAL DISTRICT CLASSIFICATIOS
SECTIO 26
SPECIAL EXCEPTIOS
26-1 The following Special Exceptions may be permitted in any Zone where such uses are
deemed essential or desirable to the public convenience or welfare and are in harmony
with the various elements or objectives of the Master Plan/Planning Document in effect.
All applications for a Special Exception under this subsection shall be accompanied by a
preliminary development plan that shows the location of all buildings associated with the
proposed use and the number of stories contained in each building. The preliminary
development plan must also show the location of all curb cuts, driving lanes, parking
areas, and the location of all walls, fences and screen plantings that exist or are planned.
(a) Church, synagogue, or other place of worship, or their related activities subject to
the following criteria:
(1) A tract upon which a church is to be established shall have at least one
hundred (100) feet of frontage on a collector street or an arterial street and
be at least one-half acre in area.
(2) Structures shall be set back at least twenty-five (25) feet from any property
line separating the subject property from residentially zoned or developed
properties.
(3) Off-street parking shall conform to Section 4 of this Ordinance.
(4) DELETED.
(5) A plan illustrating compliance with the above requirements shall be
submitted to the Planning Commission before the proposal is placed on
the agenda. The Planning Commission shall determine that all of the
foregoing requirements have been satisfied, and further, that the benefits
of the proposed church are greater than any possible depreciating effects
and damages to the neighboring properties.
(b) Parochial and private schools subject to the following criteria:
(1) A tract upon which a parochial or private school is to be established shall
have at least one-hundred (100) feet of frontage on a collector street or an
arterial street.
(2) A circular drive or similar layout that discourages backing and encourages
through movement of traffic shall be provided for off-street loading and
unloading, and the parking layout shall conform to Section 4 of this
Ordinance.
(3) A parochial or private school shall be screened from contiguous
residentially zoned or developed properties by a wall, solid fence, or
vegetative buffer at least six (6) feet in height.
(4) Signage shall comply with the SCA requirements for institutional uses.
(5) A plan illustrating compliance with the above requirements shall be
submitted to the Planning Commission before the proposal is placed on
the agenda. The Planning Commission shall determine that all of the
foregoing requirements have been satisfied, and further, that the benefits
of the proposed school are greater than any possible depreciating effects
and damages to the neighboring properties.
(c) Utility substation subject to the following criteria:
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(1) Use of the property as a substation shall be essential for service to the area
in which the substation is to be located.
(2) A tract upon which a utility substation is to be erected shall have frontage
on a collector or arterial street.
(3) No personnel shall be assigned to the site; the utility shall be unmanned.
(4) Outside storage of vehicles, equipment, and supplies on the premises shall
not be permitted.
(5) If the base zoning is agricultural, residential, or professional, then any
building or structure which exceeds 25 feet in height when measured from
ground elevation shall be set back not less than fifty (50) feet from any
property line.
(6) DELETED.
(7) A substation shall be screened from contiguous residentially zoned or
developed properties by a wall, solid fence, or vegetative buffer at least six
(6) feet in height.
(8) A plan illustrating compliance with the above requirements shall be
submitted to the Planning Commission before the proposal is placed on
the agenda. The Planning Commission shall determine that all of the
foregoing requirements have been satisfied, and further, that the benefits
of the proposed utility substation are greater than any possible
depreciating effects and damages to the neighboring properties.
(d) Nursing home subject to the following criteria:
(1) A tract upon which a nursing home is to be established shall have at least
one hundred (100) feet of frontage on a collector or an arterial street.
(2) DELETED.
(3) Off-street parking shall conform to Section 4 of this Ordinance.
(4) Nursing homes shall not be located in areas where the health, safety, and
welfare of the residents would be compromised. Examples of such areas
would be those near industrial sites or other sites where environmental
quality would be poor, and also areas where law enforcement records
indicate that the incidence of crime is high.
(5) A plan illustrating compliance with the above requirements shall be
submitted to the Planning Commission before the proposal is placed on
the agenda. The Planning Commission shall determine that all of the
requirements have been satisfied, and further, that the benefits of the
proposed nursing home are greater than any possible depreciating effects
and damages to the neighboring properties.
(e) Adult day care facility subject to the following criteria:
(1) A tract upon which an adult day care facility is to be established shall have
at least one hundred (100) feet of frontage on a collector or an arterial
street.
(2) Off-street parking shall conform to Section 4 of this Ordinance.
(3) An adult day care facility may not be established within twelve hundred
(1200) feet of a lawfully existing family day care home, family personal
care home, transition housing, or another adult day care facility located in
A, R or P zones.
(4) Adult day care facilities shall not be located in areas where the health,
safety, and welfare of the residents would be compromised. Examples of
such areas would be those near industrial sites or other sites where
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environmental quality would be poor, and also areas where law
enforcement records indicate that the incidence of crime is high.
(5) DELETED.
(6) A plan illustrating compliance with the above requirements shall be
submitted to the Planning Commission before the proposal is placed on
the agenda. The Planning Commission shall determine that all of the
foregoing requirements have been satisfied, and further, that the benefits
of the proposed adult day care facility are greater than any possible
depreciating effects and damages to the neighboring properties.
(f) Family day care home subject to the following criteria:
(1) A family day care home may not be established within twelve hundred
(1200) feet of a lawfully existing family personal care home, transition
housing, adult day care facility, or another family day care home located
in A, R or P zones.
(2) There shall be adequate indoor and outdoor play areas to meet Georgia
DHR standards. Outdoor play areas shall be designed for daytime use only
with no special illumination, and they shall be screened from contiguous
residential zones or development by a solid fence, wall or vegetative
buffer at least six (6) feet in height.
(3) Parking shall conform to Section 4 of this Ordinance.
(4) DELETED.
(5) Family day care homes shall not be established in areas where the health,
safety, and welfare of the residents would be compromised. Examples of
such areas would be those near industrial sites or other sites where
environmental quality would be poor, and also areas where law enforce-
ment records indicate that the incidence of crime is high.
(6) A plan illustrating compliance with the above requirements shall be
submitted to the Planning Commission before the proposal is placed on
the agenda. The Planning Commission shall determine that all of the
foregoing requirements have been satisfied, and further, that the benefits
of the proposed family day care home are greater than any possible
depreciating effects and damages to the neighboring properties.
(g) Transition housing subject to the following criteria:
(1) Transition housing may not be established within twelve hundred (1200)
feet of a lawfully existing family personal care home, family day care
home, adult day care facility, or other transition housing in A, R or P
zones.
(2) DELETED.
(3) Transition housing shall not be located in areas where the health, safety,
and welfare of the residents would be compromised. Examples of such
areas would be those near industrial sites or other sites where
environmental quality would be poor, and also areas where law
enforcement records indicate that the incidence of crime is high.
(4) The Planning Commission shall determine that the foregoing requirements
have been satisfied, and further, that the benefits of the proposed transition
housing are greater than any possible depreciating effects and damages to
neighboring properties. In conducting this balancing test, the merit of the
specific proposal shall be determined by evaluating the nature of the
clientele (i.e. elderly, mentally retarded, halfway home for recovering
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addicts, etc.) the proposed number of occupants, and the nature of the
operators of the facility (homeowners, professional staff, or untrained
supervisory staff, etc.).
(5) Approval, if granted shall be for a specific proposal, and any change in the
nature of the clientele or increase in the number of occupants shall require
another special exception.
(h) Family personal care home subject to the following criteria:
(1) A family personal care home may not be established within twelve
hundred (1200) feet of a lawfully existing family day care home, adult day
care facility, transition housing, or another family personal care home in
A, R, or P zones.
(2) DELETED.
(3) A family personal care home shall not be located in areas where the
health, safety, and welfare of the residents would be compromised.
Examples of such areas would be those near industrial sites or other sites
where environmental quality would be poor, and also areas where law
enforcement records indicate that the incidence of crime is high.
(4) The Planning Commission shall determine that the foregoing requirements
have been satisfied, and further, that the benefits of the proposed family
personal care home are greater than any possible depreciating effects and
damages to neighboring properties. In conducting this balancing test, the
merit of the specific proposal shall be determined by evaluating the nature
of the clientele (i.e. elderly, mentally retarded, etc.), the proposed number
of occupants, and the nature of the operators of the facility (homeowners,
professional staff, or untrained supervisory staff, etc.).
(i) Club (private or public), lodge (nonprofit), golf course, country club, tennis
facilities, privately owned and operated recreational facility, swimming pool,
fishing lake, or similar recreational use subject to the following criteria:
(1) The minimum size tract for a golf course or country club shall be
fifty (50) acres.
(2) A tract to be developed as a golf course or country club shall have
at least one hundred (100) feet of frontage on a public or private
road.
(3) Structures except fences and walls shall be set back at least fifty
(50) feet from property lines separating the property from
contiguous properties zoned or developed for residential use.
(4) Lighting shall be designed so that adjacent properties are not
adversely affected.
(5) Outdoor activities shall cease at 11:00 P.M.
(6) Lounges, clubhouses, and similar facilities shall be designed and
operated for use by members and their guests, or patrons who are
using the club or recreational facility. Lounges, clubhouses and
similar facilities shall be located at least one hundred (100) feet
from contiguous properties zoned or developed for residential use.
(7) DELETED.
(8) A plan illustrating compliance with the above requirements shall
be submitted to the Planning Commission before the proposal is
placed on the agenda. The Planning Commission shall determine
that all of the foregoing requirements have been satisfied, and
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further, that the benefits of the proposed club, privately owned and
operated recreational facility, swimming pool, fishing lake, or
similar recreational use are greater than any possible depreciating
effects and damages to the neighboring properties.
(j) Funeral homes subject to the following criteria:
(1) A tract upon which a funeral home is to be established shall have
at least one hundred (100) feet of frontage on a collector street or
an arterial street and be at least one acre in area.
(2) Structures shall be set back at least twenty-five (25) feet from any
property line separating the subject property from residentially
zoned or developed properties.
(3) Off-street parking shall conform to Section 4 of this Ordinance.
(4) DELETED.
(5) A plan illustrating compliance with the above requirements shall
be submitted to the Planning Commission before the proposal is
placed on the agenda. The Planning Commission shall determine
that all of the foregoing requirements have been satisfied, and
further, that the benefits of the proposed funeral home are greater
than any possible depreciating effects and damages to neighboring
properties.
(k) Private hospital subject to the following criteria:
(1) A tract upon which a private hospital is to be established shall have
at least two hundred fifty (250) feet of frontage on a collector or an
arterial street and be at least five acres in area.
(2) DELETED.
(3) Off-street parking shall conform to Section 4 of this Ordinance.
(4) Private hospitals shall not be located in areas where the health,
safety, and welfare of the patients would be compromised.
Examples of such areas would be those near industrial sites or
other sites where environmental quality would be poor, and also
areas where law enforcement records indicate that the incidence of
crime is high.
(5) A plan illustrating compliance with the above requirements shall
be submitted to the Planning Commission before the proposal is
placed on the agenda. The Planning Commission shall determine
that all of the foregoing requirements have been satisfied, and
further, that the benefits of the proposed hospital are greater than
any possible depreciating effects and damages to the neighboring
properties.
(l) Airport or aircraft landing field.
(m) Cemetery.
(n) Sanitary Landfill
(o) Inert Fill Area
(p) Uses which would in any way involve detained persons, or persons who
would be or have been retained from correction facilities such as halfway
homes, or similar uses that in any way relate to corrections or
incarceration.
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(q) Excavation of mineral deposits including but not limited to stone, sand,
clay, gravel, and operations incidental thereto may be permitted subject to
the following criteria:
(1) Evidence that a Mined Land Use Plan, pursuant to 391-3-3-05 of the
Georgia Environmental Rules, is being prepared for submission to Georgia
E.P.D. No mining activity may be conducted without an approved Mined
Land Use Plan.
(2) Submission of a plat prepared by a Georgia Registered Land Surveyor
at the time of the application showing conformance to the following
spacing requirements:
(a) No activity under this Subsection shall be conducted within
300 feet of a residence
(b) No activity under this Subsection shall be conducted within
100 feet of an R-zone boundary unless a consent form provided by
the Planning Commission and signed by the affected property
owners is provided with the application.
(c) No activity under the Subsection shall be conducted within 50
feet of any property line unless a consent form provided by the
Planning Commission and signed by affected property owners is
provided with the application.
(3) Submission of supporting data at the time of application indicating
that the impacts of the proposed activity including but not limited to
noise, vibration, dust, stormwater, groundwater and aesthetics will not
substantially diminish the quality of life of the surrounding community.
This data may be part of the Mined Land Use Plan or it may be a separate
submission.
Section 26-2
Any use, other than churches or church related activities approved under 26-1 (A),
established as a result of a Special Exception granted per Subsection 26-1 must be
initiated within six (6) months of the granting, or the Special Exception shall no longer be
valid. Special Exceptions for churches or church related activities granted per 26-1 shall
initiate a use within five (5) years of the granting, or the Special Exception shall no
longer be valid. The initiation of a use is established by the issuance of a valid business
license by the Augusta License and Inspections Department or by other reasonable proof
of the establishment of vested rights. If a Special Exception is granted and the use is
initiated but later ceases to operate for a period of one (1) year, then the Special
Exception shall no longer be valid.
Amended September 2010, 26-1(q) (1)
Amended November 2007, Section 26-1(q)
Amended August 2006, Section 26-2
Amended Sept. 2004, Section 26-2
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Attachment number 22
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OTHER REGULATED USES
SECTIO 27
MAUFACTURED HOME REGULATIOS
27-1 Establishment of Manufactured Home Parks: New Manufactured Home Parks and
expansion of existing Manufactured Home Parks shall be permitted only in R-MH
(Manufactured Home Residential) Zones.
27-2 Procedure for constructing or altering a Manufactured Home Park: Application
shall be made for doing same to the Augusta-Richmond County Planning Commission.
The application shall be in letter form and shall show the following:
Name and address of applicant
Name and address of owner of land
Name and address of proposed operator
Number of spaces proposed to be provided
Acreage of land to be utilized
The application shall be accompanied by five copies of a plat of the land to be utilized.
The plats shall show the following:
Bearings and distances for all property lines
Names and right-of-way widths for all streets bounding the property
Names and addresses of all surrounding property owners
Distances to nearest public water mains and sewer lines
Topography showing contours at 2-foot intervals and referenced to Mean Sea
Level
Scale (not smaller than 1 inch = 100 feet) and North Arrow
Name and Registration Number of Surveyor or Engineer
The application for plan approval shall also be accompanied by a processing and
investigation fee of one hundred dollars ($100.00). The Planning Commission shall hold
a public hearing on every application for establishment or expansion of a Manufactured
Home Park. In the event that the land proposed to be utilized for a Manufactured Home
Park is not properly zoned, application for rezoning and application for plan approval
may be made at the same time if all necessary submittals for plan approval are provided
prior to application for rezoning. Public notice shall be given for plan approval, as well
as for hearings on changes of Zoning Classification, when such approvals are not sought
simultaneously. The Planning Commission shall approve or disapprove each application
for establishment or expansion of a Manufactured Home Park within thirty (30) days
after holding a public hearing thereon, unless the applicant agrees to a longer time period;
and the Planning Commission shall notify the applicant in writing of its decision.
27-3 Building permit for Manufactured Home Park: Accompanying a request for the
establishment or expansion of a Manufactured Home Park, or upon request to alter such a
park, the applicant shall submit to the Planning Commission plans and specifications for
the development of such park in accordance with the requirements of this Ordinance. The
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Planning Commission shall review such plans and specifications, and shall determine that
all requirements of this Ordinance and other legal requirements have been met. In
conducting its review, the Planning Commission shall submit copies of such plans and
specifications to the Public Works Department, the Waterworks Department, to the Chief
Building Official and the Richmond County Health Department. When the Planning
Commission has received in writing the approval of all required agencies and has made
its own determination that all requirements of this Ordinance and all other legal
requirements have been met or will be met in the course of establishment, expansion, or
alteration of the park, it shall certify the same in writing to the Chief Building Official
and shall forward to the Chief Building Official a copy of the approved plans and
specifications. The Chief Building Official may then issue building permits for
construction, expansion, or alteration of the Manufactured Home Park in accordance with
the application made and plan and specifications approved for same and in accordance
with all legal requirements.
27-4 Transfer of Manufactured Home Parks: Every Manufactured Home Park owner shall
give notice in writing to the Planning Commission within thirty (30) days after having
sold, transferred, given away, or otherwise disposed of interest in or control of any
Manufactured Home Park. Such notice shall include the name and address of the person
succeeding to the ownership or control of such park.
27-5 Conditions pertaining to existing Manufactured Home Parks: Manufactured Home
Parks operating at the time of adoption of this Ordinance shall be allowed to continue
operation provided that the minimum requirements of the Richmond County Board of
Health are met by such parks.
27-6 Standards for development of Manufactured Home Parks:
(a) Minimum Size of Tract: The minimum size of any tract to be developed for a
Manufactured Home Park shall be five (5) acres and such tract shall have a
minimum frontage on a paved public road or road to be paved and dedicated to
the public of one hundred (100) feet. The tract shall comprise a single parcel and
shall be and remain in the ownership of one person as defined herein.
(b) Code Standards: No manufactured home manufactured on or after January 1,
1968 shall be admitted to any Manufactured Home Park on or after the date of the
adoption of this Ordinance unless it can be demonstrated that it meets the
requirements of one of the following: American Standards Association Code
Provision A-119.1-1963, American Standards for Installation in Manufactured
Home of Electrical, Heating, and Plumbing Systems; or Manufactured Home
Manufacturer Association Manufactured Home Standards for Plumbing, Heating
and Electrical Systems; or any state or locally-administered code insuring equal or
better plumbing, heating, or electrical installations.
(c) Hazardous Conditions: No Manufactured Home Park shall be so located as to be
subjected to hazards of flood, poor soil conditions, poor drainage, or other
hazardous conditions.
(d) Every Manufactured Home Park shall be provided with a public water supply and
public sewage disposal system. Individual septic tank systems may be utilized in
lieu of public systems provided they are developed in accordance with the
provisions of the Groundwater Recharge Area Protection Ordinance.
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(e) Setback and Screening: No manufactured home, accessory structure, or other
building in a Manufactured Home Park shall be located closer than fifty (50) feet
from any park property line abutting any public street or highway nor closer than
twenty (20) feet from any other Park property line. All Manufactured Home parks
located adjacent to industrial or commercial land uses shall be provided with a
screening buffer strip at least ten (10) feet wide along the property boundary lines
separating parks and such adjacent nonresidential uses. Such screening shall
consist of a solid fence not less than eight (8) feet in height or of evergreen
vegetation of sufficient density to accomplish the purposes of a solid fence. Such
screens shall be maintained in good order at all times.
(f) Streets: Streets within Manufactured Home Parks shall be privately owned,
constructed and maintained. Alignment and gradient shall be properly adapted to
topography, to safe movement of traffic, to adequate control of surface water,
ground water, and drainage. No street shall be provided with less than an all-
weather surface. The type of road surface shall be determined by the Public
Works Department. All streets shall have either concrete curbs, asphalt curbs or
paved swells. The following widths shall be provided for surfaced portions of
streets.
(1) Class One Streets (less than 500' in length and serving 25 spaces or less on
a two-way street): one way with no curbside parking - 11 feet; one way
with curbside parking on one side only - 18 feet; one way with curbside
parking on both sides - 24 feet; two way with no curbside parking - 22
feet; two way with curbside parking on one side- 27 feet; two way with
curbside parking on both sides- 34 feet.
(2) Class Two Streets (other than Minor Streets serving up to and including
200 spaces with no other limitation on length): one way with no parking-
28 feet; two way with no parking - 24 feet; one way with parking on one
side- 24 feet; two way with parking on one side - 29 feet; one way with
parking on two sides - 26 feet; two way with parking on two sides - 36
feet.
(3) Class Three Streets (serving more than 200 spaces without limitation on
length): same as for Collector streets but requiring sidewalks on at least
one side. Such sidewalks shall be at least 3 feet wide and shall be paved.
(4) At Access Points: where internal park streets intersect with public streets,
the internal street shall have a surfaced width of 24 feet.
(g) Space Standards:
(1) Every manufactured home space within a Manufactured Home Park shall
have an area of not less than 4,000 square feet with a minimum width at
all points of 40 feet. Every such space shall have all corners clearly
marked.
(2) Each manufactured home space shall be directly accessible from an
approved internal park street. No direct access to manufactured home
spaces from public streets shall be granted.
(3) Manufactured homes shall be separated from each other by not less than
fifteen (15) feet end to end and twenty (20) feet side by side.
(4) Each manufactured home space shall be provided with a concrete patio of
at least one hundred (100) square feet which shall be convenient to the
entrance of the manufactured home. An awning may be placed over such
patio, but no structure shall be placed thereon.
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(5) The minimum distance between manufactured homes located on opposite
sides of an internal street shall be 36 feet.
(6) Expandable rooms on manufactured homes shall be deemed an integral
part of the manufactured home and shall meet all requirements stated
herein.
(h) Parking shall be provided at the minimum rate of one and one-half spaces for each
manufactured home space. If such parking is provided on each manufactured
home space, it shall be at the minimum rate of one and one-half spaces for each
manufactured home space and each space shall have minimum dimensions of ten
(10) feet by twenty (20) feet. If provided in common off-street parking bays, the
following standards shall apply:
PARKIG
AGLE
CURB LEGTH
PER CAR
MIIMUM BAY
DEPTH*
MIIMUM BACKIG
DEPTH*
900 9.0' 18' 24'
600 12.5' 17' 20'
250 12.7' 16' 19'
* Perpendicular to curb
(i) Illumination: Adequate illumination on all streets and sidewalks shall be
provided to insure the safe movement of pedestrians and vehicles at night. Such
illumination shall create no direct glare into surrounding areas.
(j) Fire Protection:
(1) All Manufactured Home Parks shall be equipped with fire protection
equipment as required by the latest locally adopted codes.
(2) Portable fire extinguishers of an approved type shall be kept in service
buildings and at all other appropriate locations and shall be maintained in
good operating condition.
(3) Standard fire hydrants shall be located with adequate access within 500
feet of any part of a building used as a manufactured residence or
accessory use.
(k) Landscaping and Ground Cover: It is the intent of this Section of this Ordinance
that the areas provided for setbacks shall be appropriately landscaped and planted
so as to provide a pleasing appearance to surrounding property. Further, ground
cover in the form of grass or other vegetation shall be provided throughout every
Manufactured Home Park so as to provide pleasant and, insofar as practicable,
dust-free conditions.
(l) Recreation: Not less than ten (10) percent of the total area of every Manufactured
Home Park shall be reserved and developed for a recreation area. Such area shall
be centrally located within each Manufactured Home Park and shall contain
individual areas which shall be equipped for passive adult recreation, children's
play, and a fenced tot lot. If a swimming pool is furnished, it shall be separated
from all other uses by a fence having a gate which is capable of remaining closed.
Required setbacks shall not be counted as part of the required recreation area.
27-7 Locating Individual Manufactured Homes on Individual Lots: Individual
manufactured homes may be permitted on individual lots, parcels, or tracts in A
(Agriculture) or R-MH (Manufactured Home Residence) Zones under the following
conditions:
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(a) Individual manufactured homes shall conform to all requirements of the zone in
which the homes are located.
(b) Individual manufactured homes in A (Agriculture) Zones shall be located at least
150 feet from any previously existing permanent dwelling.
(c) DELETED.
(d) No manufactured home shall be located on any lot, parcel, or tract occupied by
any other dwelling or manufactured home, and only one manufactured home shall
be located on each individual lot, parcel, or tract.
(e) Any manufactured home located on an individual lot, parcel, or tract shall be
placed on a foundation and shall be provided with a curtain wall enclosure so
constructed as to prevent passage of persons, animals, or debris into space beneath
the manufactured home.
(f) No manufactured home shall be located on an individual lot, parcel, or tract until
the location has been approved by the Planning Commission, the Chief Building
Inspector, and the Richmond County Health Department.
27-8 onconforming Individual Manufactured Homes: Manufactured homes on individual
lots, parcels, or tracts which were in place on January 1, 1980 are declared to be legal
nonconforming uses at their current location; provided however, that said manufactured
homes may not be altered or expanded in any way unless the alteration or expansion
results in conformance with this Comprehensive Zoning Ordinance.
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SECTIO 28
AIRPORT REGULATIOS
28-1 General Regulations: The following general regulations shall apply to all airports
encompassed by the area of this Ordinance.
(a) Flight Zones: All land within the boundaries of Daniel Field and within two (2)
miles of the landing area of the airports within Augusta-Richmond County, are
hereby divided into Airport Approach Zones and Airport Turning Zones. The
inner-area of the Airport Approach Zones are shown on the Airport Approach
Standards Maps by reference made a part hereof. The turning zones and the outer-
area of the Airport Approach Zones are that area within two (2) miles of the
boundaries of the landing area and the inner-area of the Airport Approach Zones.
The Airport Approach Standards Maps may be revised or replaced from time to
time to correspond with zone restrictions and approach standards, as required by
the Airport Manager and/or the Civil Aeronautic Authority.
(b) Height Limits: Except as otherwise provided in this Ordinance, no structure or
tree shall be erected, altered, allowed to grow, or maintained in any Airport
Approach Zone or Airport Turning Zone to a height in excess of the height limit
herein established for such zone. For the purpose of this regulation, the following
height limits are hereby established for each of the zones in question:
(1) Inner-area Airport Approach Zones- as shown on Airport Approach
Standards Maps.
(2) Outer-area Airport Approach Zones- one hundred and fifty (150) feet
above the elevation of the boundaries of the airport landing area.
(3) Turning Zones- one hundred and fifty (150) feet above the boundaries of
the airport landing area.
(c) Use Restrictions: Not withstanding any other provisions of this Ordinance, no use
may be made of land within any Airport Approach Zone or Airport Turning Zone
in such a manner as to create electrical interference with radio communication
between the airport and aircraft, make it difficult for fliers to distinguish between
airport lights and others, result in glare in the eyes of fliers using the airport, or
otherwise endanger the landing, takeoff, or maneuvering of aircraft.
(d) Hazard Marking and Lighting: Variances from this Ordinance granted by the
Board of Zoning Appeals may be so conditioned as to require the owner of the
structure or tree in question to permit the Augusta-Richmond County
Commission, to install, operate, and maintain thereon such markers and lights as
may be deemed necessary to indicate to fliers the presence of the airport hazard.
(e) Future Airports: The provisions of this Ordinance shall apply to future airports
located within the area encompassed by this Ordinance.
28-2 Bush Field Airport Regulations:
(a) Definitions: As used in this portion of the Ordinance, unless the content
otherwise requires, the following definitions shall be used:
(1) Airport Elevation means the established elevation of the highest point on
the usable landing area.
(2) Airport Hazard means any structure, tree, or use of land which obstructs
the airspace required for, or is otherwise hazardous to, the flight of aircraft
in landing or taking-off at the airport.
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(3) Airport Reference Point means the point established as the approximate
geographic center of the airport landing area and so designated.
(4) Height - for the purpose of determining the height limits in all zones set
forth in this Ordinance and shown on the Zoning Map, the datum shall be
mean sea level elevation unless otherwise specified.
(5) Instrument Runway means a runway equipped or to be equipped with
electronic or visual air navigation aids adequate to permit the landing of
aircraft under restricted visibility conditions.
(6) Landing Area means the area of the airport used for the landing, takeoff,
or taxing of aircraft.
(7) Nonconforming Use means any structure, tree, or use of land which is
lawfully in existence at the time the regulations are prescribed in this
Ordinance or an amendment thereto becomes effective and does not then
meet the requirements of said regulations.
(8) Non-instrument Runway means a runway other than an instrument
runway.
(9) Person means an individual, firm, partnership, corporation, company,
association, joint stock association, or body politic, and includes a trustee,
receiver, assignee, administrator, executor, guardian, or other
representative.
(10) Runway means the paved surface of an airport landing strip.
(11) Structure means an object constructed or installed by man, including, but
without limitation, buildings, towers, smoke- stacks, and overhead
transmission lines.
(12) Tree means any object of natural growth.
(b) Zones: In order to carry out the provisions of this Ordinance, there are hereby
created and established certain zones which include all of the land lying within
the Instrument Approach Zones, Non-instrument Approach Zones, Transition
Zones, Horizontal Zone, and Conical Zone. Such areas and zones are shown on
the Bush Field Airport Zoning Map consisting of one sheet prepared by the
Augusta-Richmond County Planning Commission and dated March 8, 1982,
which is attached to this Ordinance and made a part hereof. The various zones are
hereby established and defined as follows:
(1) Instrument Approach Zone- An Instrument Approach Zone is established
at each end of the instrument runway for instrument landings and takeoffs.
The Instrument Approach Zone shall have a width of one thousand (1,000)
feet at a distance of two hundred (200) feet beyond each end of the
runway, widening thereafter uniformly to a width of sixteen thousand
(16,000) feet a distance of fifty thousand two hundred (50,200) feet
beyond each end of the runway, its centerline being the continuation of the
centerline of the runway.
(2) Non-instrument Approach Zone- A Non-instrument Approach Zone is
established at each end of all non-instrument runways on Bush Field
Airport for non-instrument landings and takeoffs. The Non-instrument
Approach Zone shall have a width of five hundred (500) feet at a distance
of two hundred (200) feet beyond each end of the runway, widening
thereafter uniformly to a width of fifteen hundred (1,500) feet at a
horizontal distance of five thousand (5,000) feet beyond each end of the
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runway, its centerline being the continuation of the centerline of the
runway.
(3) Transition Zones- Transition Zones are hereby established adjacent to
each instrument and non-instrument runway and approach zone as
indicated on the Zoning Map. Transition Zones, symmetrically located on
either side of runways, have variable widths as shown on the Zoning Map.
Transition Zones extend outward from a line two hundred fifty (250) feet
on either side of the centerline of the non-instrument runway; for the
length of such runway plus two hundred (200) feet on each end; and five
hundred (500) feet on either side of the centerline of the instrument
runway, for the length of such runway plus two hundred (200) feet on each
end, and are parallel and level with such runway centerlines. The
Transition Zones along such runways slope upward and outward one (1)
foot vertically for each seven (7) feet horizontally to the point where they
intersect the surface of the Horizontal Zone. Further, Transition Zones are
established adjacent to both Instrument and Non- instrument Approach
Zones for the entire length of the Approach Zones. These Transition Zones
have variable widths, as shown on the Zoning Map. Such Transition Zones
flare symmetrically with either side of the Runway Approach Zones from
the base of such zones and slope upward and outward at the rate of one (1)
foot vertically for each seven (7) feet horizontally to the points where they
intersect the surfaces of the Horizontal and Conical Zones. Additionally,
Transition Zones are established adjacent to the Instrument Approach
Zone where it projects through and beyond the limits of the Conical Zone,
extending a distance of five thousand (5,000) feet measured horizontally
from the edge of the Instrument Approach Zones at right angles to the
continuation of the centerline of the runway.
(4) Horizontal Zone - A Horizontal Zone is hereby established by swinging
arcs of ten thousand (10,000) feet radii from the center of each end of the
primary surface of each runway and connecting the adjacent arcs by
drawing lines tangent to those arcs. The Horizontal Zone does not include
the Instrument and Non-instrument Approach and Transitional Zones.
(5) Conical Zone - A Conical Zone is hereby established commencing at the
periphery of the Horizontal Zone and extending outward and upward from
the periphery of the Horizontal Zone surface at a slope of twenty to one
(20:1) for a Horizontal Zone distance of four thousand (4,000) feet. The
Conical Zone does not include the Instrument and Non- instrument
Approach and Transition Zones.
(c) Height Limitations: Except as otherwise provided in this Ordinance, no structure
or tree shall be erected, altered, allowed to grow or maintained in any zone
created by this Ordinance to a height in excess of the height limit herein
established for such zone. Such height limitations are computed from the
established airport elevation and are hereby established for:
(1) Instrument Approach Zone- One (1) foot in height for each fifty (50) feet
in horizontal distance beginning at a point two hundred (200) feet from
and at the elevation of the end of the instrument runway and extending to a
horizontal distance of ten thousand (10,000) feet; thence, one (1) foot for
each forty (40) feet for an additional horizontal distance of forty
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thousand (40,000) feet beyond each end of the runway, its centerline being
the continuation of the centerline of the runway.
(2) Non-instrument Approach Zones- One (1) foot in height for each twenty
(20) feet in horizontal distance beginning at a point two hundred (200) feet
from and at the elevation of the end of the non-instrument runway and
extending to a point five thousand (5,000) feet beyond each end of the
runway, its centerline being the continuation of the centerline of the
runway.
(3) Transition Zones- One (1) foot in height for each seven (7) feet in
horizontal distance beginning at a point two hundred fifty (250) feet
normal to and at the elevation of the centerline of non-instrument runways
extending two hundred (200) feet beyond each end thereof, and five
hundred (500) feet normal to and at the elevation of the centerline of the
instrument runway extending two hundred (200) feet beyond each end
thereof, extending to a height of one hundred fifty (150) feet above the
airport elevation which is 145.14 feet above mean sea level. In addition to
the foregoing, there are established height limits of one (1) foot vertical
for each seven (7) feet horizontal distance measured from the edges of all
approach zones for the entire length of the approach zones and extending
upward and outward to the points where they intersect the horizontal or
conical surfaces. Further, where the Instrument Approach Zone projects
through and beyond the Conical Zone, a height limit of one foot for each
seven (7) feet of horizontal distance shall be maintained beginning at the
edge of the Instrument Approach Zone and extending a distance of five
thousand (5,000) feet from the edge of the Instrument Approach Zone
measured normal to the centerline of the runway extended.
(4) Horizontal Zone- One hundred and fifty (150) feet above the airport
elevation or a height of 295.14 feet above mean sea level except where the
existing elevation is greater than 245.14 feet above mean sea level, in
which case the horizontal zone shall equal the existing ground elevation
plus fifty (50) feet.
(5) Conical Zone- One (1) foot in height for each twenty (20) feet of
horizontal distance beginning at the periphery of the horizontal zone,
extending to a height of 495.14 feet above the airport elevation. Where an
area is covered by more than one height limitation, the more restrictive
limitation shall prevail. Nothing in this Ordinance shall be construed as
prohibiting the growth, construction, or maintenance of any tree or
structure to a height up to twenty (20) feet above the surface of the land.
(d) Use Restrictions: Notwithstanding any other provisions of this Ordinance, no use
may be made of land within any zone established by this Ordinance in such a
manner as to create electrical interference with radio communication between the
airport and aircraft, make it difficult for fliers to distinguish between airport lights
and others, result in glare in the eyes of fliers using the airport, impair visibility or
otherwise endanger the landing, takeoff or maneuvering of aircraft.
(e) Nonconforming Uses:
(1) Regulations not retroactive. The regulations prescribed by this Ordinance
shall not be construed to require the removal, lowering, or other changes
or alteration of any structure or tree not conforming to the regulations as
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of the effective date of this Ordinance or otherwise interfere with the
continuation of any nonconforming use.
(2) Marking and lighting. Notwithstanding the preceding provision of this
Section, the owner of any nonconforming structure or tree is hereby
required to permit the installation, operation and maintenance thereon of
such markers and lights as shall be deemed necessary by the Federal
Aviation Administration to indicate to the operators of aircraft in the
vicinity of the airport, the presence of such airport hazards. Such markers
and lights shall be installed, operated, and maintained at the expense of the
Augusta-Richmond County Commission.
(f) Permits:
(1) Future uses- except as specifically provided in the paragraph whereunder,
no material change shall be made in the use of land and no structure or
tree shall be erected, altered, planted, or otherwise established in any zone
hereby created unless a permit therefore shall have been applied for and
granted. Each application for a permit shall indicate the purpose for which
the permit is desired, with sufficient particularity to permit it to be
determined whether the resulting use, structure, or tree would conform to
the regulations herein prescribed. If such determination is in the
affirmative, the permit shall be granted. In the area lying within the limits
of the Horizontal Zone and Conical Zone, no permit shall be required for
any tree or structure less than seventy-five (75) feet of vertical height
above the ground, except when, because terrain, land contour, or
topographic features such tree or structure would extend above the height
limits prescribed for such zone.
In the areas lying within the limits of the instrument and non-instrument
approach zones but at a horizontal distance of not less than four thousand
two hundred (4,200) feet from each end of the runways, no permit shall be
required for any tree or structure less than seventy-five (75) feet of vertical
height above the ground, except when such tree or structure, because of
terrain, land contour, or topographic features would extend above the
height limit prescribed for such instrument or non-instrument approach
zone.
In the areas lying within the limits of the transition zones beyond the
perimeter of the horizontal zone, no permit shall be required for any tree
or structure less than seventy-five (75) feet of vertical height above the
ground, except when such tree or structure, because of terrain, land
contour, or topographic features, would extend above the height limit
prescribed for such transition zones. Nothing contained in any of the
foregoing exceptions shall be construed as permitting or intending to
permit any construction, alteration, or growth of any structure or tree in
excess of any of the height limits established by this Ordinance.
(2) Existing uses. No permit shall be granted that would allow the
establishment or creation of an airport hazard or permit a nonconforming
use, structure, or tree to be made higher or become a greater hazard to air
navigation than it was on the effective date of this Ordinance or any
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amendments thereto or than it is when the applications for such a permit
shall be granted.
(3) Nonconforming uses abandoned or destroyed. When ever the Chief
Building Official determines that a nonconforming structure or tree has
been abandoned or more than eighty percent (80%) torn down, physically
deteriorated, or decayed, no permit shall be granted that would allow such
structure or tree to exceed the applicable height limit or otherwise deviate
from the zoning regulations.
(4) Hazard marking and lights. Any permit or variance granted may, if such
action is deemed advisable to effectuate the purpose of this Ordinance and
be reasonable in the circumstances, be so conditioned as to require the
owner of the structure or tree in question to permit the Augusta-Richmond
County Commission, to install, operate, and maintain thereon such
markers and lights as may be necessary to indicate to fliers the presence of
an airport hazard.
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28 - A - 1
SECTIO 28-A
TELECOMMUICATIO FACILITIES
28-A-1 PURPOSE. This section is designed and intended to balance the interests of the
residents of Augusta-Richmond County, telecommunications providers and
telecommunications customers in the siting of telecommunications facilities
within Augusta-Richmond County so as to protect the health, safety and integrity
of residential neighborhoods and foster through appropriate zoning and land use
controls, a competitive environment for telecommunications carriers that does not
unreasonably discriminate among providers of functionally equivalent personal
wireless services and shall not prohibit or have the effect of prohibiting the
provision of personal wireless services, and so as to promote Augusta- Richmond
County as a proactive city in the availability of personal wireless
telecommunications service. To that end, this section shall:
A. Provide for the appropriate local land use and development of
telecommunications facilities in Augusta-Richmond County;
B. Protect Augusta-Richmond County's built and natural environment by
promoting compatible design standards for telecommunications facilities;
C. Minimize adverse visual impacts of telecommunications facilities through
careful design, siting, landscape screening and innovative camouflaging
techniques;
D. Avoid potential damage to adjacent properties from tower or antenna
failure through engineering and careful siting of telecommunications
tower structures and antenna;
E. Maximize use of any new and existing telecommunications towers so as to
minimize the need to construct new towers and minimize the total number
of towers throughout Augusta-Richmond County;
F. Maximize and encourage use of alternative telecommunication tower
structures rather than construction of additional single-use towers; and
G. Encourage and promote the location of new telecommunications facilities
in areas which are not zoned for residential use.
28-A-2 DEFIITIOS. As used in this ordinance, the following terms shall have the
meanings indicated:
A. "Antenna" means any exterior apparatus designed for the sending and/or receiving
of electromagnetic waves for telephonic, radio, television, or personal wireless
services. For the purposes of this ordinance the term "antenna" does not include
any tower and antenna under seventy (70) feet in total height which is owned and
operated by an amateur radio operator licensed by the Federal Communications
Commission, and any device designed for over-the-air reception of radio or
television broadcast signals.
B. “Director” means the Executive Director of the Augusta-Richmond County
Planning Commission.
C. "Governing body" means the Augusta Commission;
D. "Monopole tower" means a telecommunications tower consisting of a single pole
constructed without guy wires or ground anchors;
E. “Panel Antenna” means a flat surfaced antenna used for transmitting and
receiving radio signals.
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F. “Permitted Use” means the use of land that is allowed “by right” requiring no
further zoning action or special exception to permit its development.
G. “Stealth Facility” means a telecommunications facility that is not readily
identifiable as a telecommunications facility, is visually unobtrusive, and has an
innovative approach to construction.
H. "Telecommunications facilities" refers to antenna and towers, either individually
or together.
I. "Tower" means a structure, such as a lattice tower, or monopole tower constructed
as a freestanding structure or in association with a building, other permanent
structure or equipment on which is located one or more antenna intended for
transmitting or receiving analog, digital, microwave, cellular, telephone, personal
wireless service or similar forms of electronic communication. The term includes
microwave towers, common carrier towers, and cellular telephone towers;
J. "Whip antenna" means an antenna vertically oriented, for transmitting and
receiving radio signals.
28-A-3 EXEMPTIOS. The following shall be exempt from this ordinance:
A. Any tower and antenna under seventy (70) feet in total height which is owned and
operated by an amateur radio operator licensed by the Federal Communications
Commission;
B. Any device designed for the over-the-air reception of radio or television broadcast
signals; or
C. Any telecommunications facilities located on property owned, leased or otherwise
controlled by Augusta-Richmond County provided a license or lease authorizing
the telecommunications facility has been approved;
28-A-4 GEERAL REQUIREMETS. The following shall govern the location and
construction of all telecommunication facilities regulated by this ordinance:
A. Building Codes and Safety Standards. To ensure the structural integrity of
telecommunications facilities, the owner of a telecommunications facility shall
ensure that it is maintained in compliance with standards contained in applicable
local building codes and constructed to the EIA/TIA 222-E standards, as
published by the Electric Industries Association, which may be amended from
time to time. Owners of telecommunications facilities shall conduct periodic
inspections of such facilities at least once every five years to ensure structural
integrity. Inspections shall be conducted by a qualified independent engineer
licensed to practice in Georgia. The results of such inspection shall be provided to
the Director.
B. Regulatory Compliance.
1. All telecommunications facilities must meet or exceed current standards
and regulations of the FAA, the FCC and any other agency of the state or
federal government with the authority to regulate telecommunications
facilities.
2. Owners of telecommunications facilities shall provide certification
showing that each telecommunications facility is in compliance with all
applicable federal and state requirements. Certification of compliance
must be submitted every 5 years.
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C. Visual Impact.
1. Telecommunications facilities shall either maintain a galvanized steel
finish, or subject to any applicable standards of the FAA or other
applicable federal or state agency, be painted a neutral color or painted
and/or textured to match the existing structure so as to reduce visual
obtrusiveness.
2. If an antenna is installed on a structure other than a tower, the antenna and
associated electrical and mechanical equipment must be of a neutral color
or identical to, or closely compatible with the color of the supporting
structure so as to make the antenna and related equipment as visually
unobtrusive as possible. Roof-mounted antennas shall be made visually
unobtrusive by screening to match existing air conditioning units, stairs,
elevator towers or other background.
3. Where feasible, telecommunications facilities should be placed directly
above, below or incorporated with vertical design elements of a building
to help in camouflaging.
4. Any equipment shelter or cabinet that supports telecommunications
facilities must be concealed from public view or made compatible with the
architecture of the surrounding structures or placed underground.
Equipment shelters or cabinets shall be screened from public view by
using landscaping or materials and colors consistent with the surrounding
backdrop. The shelter or cabinet must be regularly maintained.
5. Site location and development shall preserve the primary character of the
surrounding buildings and land uses and the zone district as much as
possible. Towers shall be integrated through location and design to blend
in with existing characteristics of the site to the extent practical.
6. Except for stealth facilities, towers shall not be sited where they would, in
the opinion of the Augusta-Richmond County Planning Commission,
negatively affect (a) historic structures or landmarks that are recognized
or designated in national or state historic registers, or (b) structures or
landmarks that are at least fifty (50) years old and, in the opinion of the
Augusta-Richmond County Planning Commission have some
demonstrable historic value.
7. At a tower site the design of the buildings and related structures shall to
the extent possible, use materials, colors, textures, screening, and
landscaping that will blend the tower and related facilities to the natural
setting and built environment.
D. Landscaping.
1. Landscaping shall be used to effectively screen the view of the
telecommunication facility from adjacent public ways, public property and
residential property.
2. Native vegetation on the site shall be preserved to the greatest practical
extent. The applicant shall provide a site plan showing existing significant
vegetation to be removed, and vegetation to be replanted to replace that
lost.
3. The landscaping requirement, where lesser requirements are desirable for
adequate visibility for security purposes, for continued operation of
existing bona fide agricultural or forest uses such as farms, nurseries and
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tree farms or where an antenna is placed on an existing structure may be
modified or waived upon approval of the Augusta-Richmond County
Planning Commission. In certain locations where the visual impact of the
tower would be minimal, such as remote agricultural or rural locations or
developed heavy industrial areas, the landscaping requirement may be
modified or waived upon approval by the Augusta-Richmond County
Planning Commission.
4. Existing on-site vegetation shall be preserved or improved, and
disturbance of the existing topography shall be minimized, unless such
disturbance would result in less visual impact of the site to the surrounding
area.
5. The landscaping provisions of this section shall not apply to
telecommunication facilities located in LI (Light Industry) and HI (Heavy
Industry) zones, unless the site is in view of a residential use in a
residential zone, as viewed from the base of the tower. This does not
exempt such development from the provisions of the Richmond County
Tree Ordinance.
E. Setbacks.
The following setback requirements shall apply to all telecommunications facilities,
provided however, that the Augusta-Richmond County Planning Commission may reduce
the standard setback requirements of this section if the goals of this ordinance would be
better served thereby:
1. Telecommunications towers must be set back a distance equal to the height of the
tower from any existing off-site residential structure.
2. Telecommunications towers must be set back a distance equal to one half of the
height of the tower from any property line which borders a single family
residentially zoned lot that is either located in a developed or developing
subdivision or a tract for which a legal subdivision development plan is on file.
3. Towers, guy wires and accessory facilities must satisfy the zoning district setback
requirements as identified in Sections 7-28 of this Ordinance.
4. The tower setbacks referenced in Subsections 1 and 2 of this Section [28-A-4(E)]
shall be measured from the base of the tower itself.
F. Miscellaneous.
1. Lighting: No illumination is permitted on telecommunications facilities unless
required by the FCC, FAA, or other state or federal agency of competent
jurisdiction or unless necessary for air traffic safety. When lighting is required, it
shall be oriented inward to the extent possible so as not to project onto
surrounding residential property.
2. Advertising. No advertising is permitted on telecommunications facilities.
However, whip antennas or panel antennas may be allowed on any legally
permitted permanent billboard or outdoor advertising sign as long as the other
requirements of this ordinance are met.
3. Telecommunication facilities may be located on sites containing other principal
uses in the same buildable area.
4. Security. Towers shall be enclosed by decay-resistance security fencing not less
than six (6) feet in height and shall be equipped with an appropriate anti-climbing
device or other similar protective device designed to prevent tower access. If the
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owner can demonstrate the ability to restrict unauthorized access to the tower,
then this latter provision may be waived by the Director.
28-A-5 DISTRICT REGULATIOS.
A. Agriculture (A) Zone.
1. Telecommunication towers may be located in an A zone upon the granting
of a special exception.
2. Factors to be considered in granting a special exception are identified in
28-A-6.
B. Single-family Residential Zone (R-1, R-1A, R-1B, R-1C, R-1D, and R-1E):
1. Telecommunication facilities not exempted under 28-A(3) may not be
located in the R-1 zone as permitted uses;
2. Deleted
3. In order to qualify for consideration by Special Exception in the R-1 zone,
telecommunication facilities must be located on existing nonresidential
structures, or designed as stealth facilities.
4. Factors to be considered in granting a Special Exception are identified in
28-A-6.
C. Two-family Residential (R-2), Multiple-Family Residential (R-3A, R-3B, and R-
3C), Manufactured Home Residential (R-MH), and Professional (P-1) Zones.
1. Telecommunication facilities or antenna, and stealth facilities shall be
permitted uses in the R-2, R-3A, R-3B, R-3C, R-MH, and P-1 zones, if
they are located on existing nonresidential structures, and as long as they
do not exceed the height allowable in the zone. Whip antennas or panel
antennas may extend twenty (20) feet above the height limit.
2. Otherwise, telecommunications towers may be located in the R-2, R-3A,
R-3B, R-3C, R-MH, and P-1 zones upon the granting of a special
exception.
3. Factors to be considered in granting a Special Exception are identified in
28-A-6.
D. Neighborhood Business Zone (B-1).
1. Monopole telecommunication facilities and antenna may be located in the
B-1 zone as permitted uses so long as they do not exceed the height limit
for the zone, except that whip antennas or panel antennas can extend
twenty (20) feet above the height limit.
2. Other telecommunication facilities may be located in the B-1 zone upon
the granting of a Special Exception.
3. Factors to be considered in granting a Special Exception are identified in
28-A-6.
E. General Business Zone (B-2)
1. A telecommunication facility may be located in the B-2 zone as a
permitted use under the following conditions:
(a) does not exceed the height limit of the zone, and within ½ mile of a
proposed tower location there are no existing structures the top of
which appear to be 90% or more of the height (elevation AMSL)
of the proposed tower; or
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(b) It exceeds the height limit for the zone, but not by more than thirty
(30) feet, and the tower will be built to accommodate two other
wireless carriers (at least 3) and within ½ mile of a proposed tower
location there are no other existing structures the top of which
appear to be 90% or more of the height (elevation AMSL) of the
proposed tower; or
(c) It does not exceed the height limit for the zone and the applicant
can demonstrate to the satisfaction of the staff of the Planning
Commission that coverage / capacity capability and system design
would be compromised if the applicant were required to co-locate.
2. In all other cases, telecommunication facilities may be permitted in the B-
2 zone by special exception.
3. Factors to be considered in granting a special exception are identified in
28-A6.
4. Whip antennas or panel antennas may extend twenty (20) feet above the
height limit for the zone or any other permitted height as indicated above.
F. Industrial Zones (LI and HI). Telecommunication facilities may be located in the
LI and HI zones under the following conditions:
1. As permitted uses in the LI zone if the height is not to exceed 200 feet;
and
2. As permitted uses in the HI zone if the height is not to exceed 350 feet.
3. In all other cases, telecommunication facilities may be permitted in the LI
and HI zones by special exception.
4. Factors to be considered in granting a special exception are identified in
28-A6.
28-A-6 SPECIAL EXCEPTIO.
Criteria to be used to evaluate applications that require special exceptions shall include the
following:
1. height of proposed structure
2. distances to residences
3. nature of surrounding land use
4. surrounding topography
5. surrounding tree coverage
6. design of structure - characteristics that reduce obtrusiveness
7. design of structure - ability to accommodate additional antenna
8. ingress and egress
9. availability of towers or other tall structures within one-half mile of the proposed
site. If within ½ mile of a proposed tower location there are existing structures the
top of which appear to be 90% or more of the height (elevation AMSL) of the
proposed tower site, then evidence must be provided with the application that
existing structures are not of sufficient strength, or applicant use of structure
would cause conflict with the existing use of structure, or that the cost of sharing
would be unreasonable, or that the structure is not available for co-location, or
coverage / capacity capability and system design would be compromised. (SEE
28-A-7);
10. Proximity to property owned by Augusta-Richmond County that could be utilized
for construction at the same or less cost to the carrier while accomplishing the
same coverage goals of the carrier.
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28-A-7 APPLICATIO PROCEDURE. Applications for the construction of telecommunications
facilities, except for whip antennas and panel antennas where they are permitted uses, shall be
made to the staff of the Augusta-Richmond County Planning Commission. A cursory review
during an initial conference regarding a proposed facility may be held, but applications will not
be accepted unless they contain the following information:
A. Site plan or plans to scale specifying the location of telecommunications facilities,
transmission building and/or other accessory uses, access, fences, landscaped area and
adjacent land uses.
B. Landscape plan to scale indicating size, spacing and type of plantings required in Section
28-A-2d.
C. A general description of the environment surrounding the proposed telecommunications
facility accompanied by a map covering an area at least one-half mile in radius, to scale
no greater than one inch to 1200 feet, showing any adjacent residential structures and
districts, structures and sites of historic significance, streetscapes or scenic view
corridors.
D. For those proposed tower locations requiring a special exception or for those facilities for
which the elevation of the top of other structures could result in the need for a special
exception, identification of the geographic service area for the subject installation,
including a map covering an area at least one-half mile in radius and at a scale no greater
than one inch to 1200 feet showing the site and the nearest or associated
telecommunications facility sites within the network of the applicant. Describe the
distance between the telecommunications facility sites of the applicant. Describe how this
service area fits into and is necessary for the service network of the applicant.
E. For those proposed tower locations requiring a special exception or for those facilities for
which the elevation of the top of other structures could result in the need for a special
exception, a map covering an area of at least one-half mile in radius, to scale no greater
than one inch to 1200 feet, showing all publicly owned property and buildings per
information provided by Augusta, Georgia, telecommunication facilities, and structures
that are 90% or more of the proposed facility height (AMSL). Provide a list of all such
properties and structures including street addresses, and a statement describing good faith
efforts and measures that were taken to secure these locations, addressing why such
properties and structures were not structurally, legally, technically, or economically
feasible and why such efforts were unsuccessful.
F. For those proposed tower locations requiring a special exception or for those facilities for
which the elevation of the top of other structures could result in the need for a special
exception, the applicant shall quantify the additional tower capacity to be constructed if
the proposal is granted, including the approximate number and types of antenna that it
could accommodate. The applicant shall provide a drawing of each tower showing
existing and proposed antenna locations. The applicant shall also describe any limitations
on the ability of the tower to accommodate other uses, e.g., radio frequency interference,
mass height, frequency or other characteristics. The applicant shall provide certification
that notice of the application has been given to all other telecommunication tower users in
the area by certified mail identifying the proposed location and asking for their input
regarding co-location possibilities.
G. Report from the applicant documenting the following:
1. Telecommunications facility height and design, including technical, engineering,
economic, and other pertinent factors governing selection of the proposed design;
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2. Total anticipated capacity of the telecommunications facility, including number
and types of antenna which can be accommodated;
3. Evidence of structural integrity of the tower structure; and
4. Structural failure characteristics of the telecommunications facility and
demonstration that site and setbacks are of adequate size to contain debris.
H. The identity of a community liaison officer appointed by the applicant to resolve issues of
concern to neighbors and residences relating to the construction and operation of the
facility. Include name, address, telephone number, facsimile number and electronic mail
address, if applicable.
I. For those proposed tower locations requiring a special exception or for those facilities for
which the elevation of the top of other structures could result in the need for a special
exception, a schedule for construction of the proposed facility if zoning authorization is
granted. Upon approval of a special exception, construction must begin within one year
or the special exception shall be null and void. An applicant who is licensed by the FCC
may submit a revised schedule to the Planning Commission within the one year period
asking for an extension, which the Planning Commission shall have the authority to
consider as a variance. In no case shall an applicant who is not licensed by the FCC be
eligible for a variance from the one year provision.
28-A-8 ABADOED TOWERS.
A. Any telecommunications facility that is not operated for a continuous period of two (2)
years or more shall be considered abandoned, whether or not the owner or operator
intends to make use of it or any part of it. The owner of a telecommunications facility and
the owner of the property where the facility is located shall remove the abandoned
telecommunications facility. If such antenna and/or tower is not removed within sixty
(60) days of receipt of a notice from Augusta- Richmond County, notifying the owner(s)
of such abandonment, Augusta, Georgia may remove such tower and/or antenna and
place a lien upon the property to insure that abandoned telecommunications facilities are
removed. Delay by Augusta. Georgia in taking action shall not in any way waive
Augusta, Georgia's right to take action. Augusta, Georgia may seek to have the
telecommunications facility removed regardless of the owner's or operator's intent to
operate the tower or antenna and regardless of any permits, federal, state or otherwise,
which may have been granted.
B. If the owner of a tower or antenna, which has been abandoned for a period of two years
or more, wishes to use such abandoned tower or antenna, the owner first must apply for
and receive all applicable permits and meet all of the conditions of this ordinance as if
such tower or antenna were a new tower or antenna.
28-A-9 PRE-EXISTIG TOWER / OCOFORMIG USES.
A. All telecommunications facilities operative on the effective date shall be allowed to
continue their present usage as a nonconforming use and shall be treated as a
nonconforming use in accordance with Section 5 of the Comprehensive Zoning
Ordinance. Routine maintenance, including replacement with a new tower or antenna of
like construction and height, shall be permitted on such existing telecommunications
facilities. New construction other than routine maintenance shall comply with the
requirements of this ordinance.
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B. Proposed communication antennae may, and are encouraged to, collocate onto existing
communication towers. Collocations are permitted by right and new or additional special
exception approval shall not be required.
C. An existing communication tower may be modified or rebuilt to a height not to exceed
thirty (30) feet more than the existing tower’s height, to accommodate the location of
additional communication antennae. An increase in height per this provision shall only be
permitted one time at a given tower location. The following provisions shall also apply:
1. The type of construction shall be the same tower type as the existing
communication tower or of monopole design.
2. The additional height shall not require an additional distance separation as set
forth in either subsections 28-A-4E (1), (2), or (3).
3. A communication tower which is being rebuilt to accommodate the collocation of
additional communication antennae may be moved on-site within one hundred
(100) feet of its existing location so long as it is not moved closer to any
residential structures than the existing location had been.
4. After the communication tower is rebuilt to accommodate collocation, only one
tower may remain on the site.
5. A relocated on-site communication tower shall continue to be measured from the
original tower location. The relocation of a tower hereunder shall in no way be
deemed to cause violation of subsections 28-A4E (1), (2), or (3).
6. The on-site relocation of a communication tower that is greater than one hundred
(100) feet and which comes within the set back distances to residential units, as
established in Section 28-A-4E of this ordinance, shall be permitted only when
notarized written consent is obtained from adjoining residential property owners.
Nonconforming residential structures of three (3) or less do not apply.
D. Placement of an antenna on a nonconforming structure shall not be considered an
expansion of the nonconforming structure.
December 2010 – deleted 28-A-(5-B-2)
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SECTIO 28-B
SIGS
28-B-1 PURPOSE. The purpose of this Section is to provide fair and comprehensive regulations that
will promote safety by eliminating confusing, distracting and unsafe signs; assure the opportunity
for businesses to advertise in an efficient and cost-effective manner; and enhance the physical
appearance, natural beauty and historical significance of Augusta. It is declared that the
regulation of signs within Augusta is necessary and in the public interest:
A. To promote traffic safety and protect the general public from damage and injury caused,
or partially attributable to, the distractions or obstructions impairing motorists' ability to
see pedestrians, other vehicles, obstacles or traffic signs which are caused by improperly
designed or situated signs;
B To protect property values within Augusta;
C. To promote and aid in the tourist industry which is declared to be of importance to the
economy of Augusta;
D. To provide a pleasing overall environmental setting and community appearance which is
deemed vital to tourism and to the continued economic attractiveness of Augusta;
E. To allow signs appropriate to the planned character of each zoning district;
F. To protect the right of citizens to enjoy Augusta's natural scenic beauty;
G. To improve the legibility and effectiveness of commercial and governmental signs; and
H. To preserve and promote the public health, safety and welfare in the City.
I. To enhance the aesthetics of the community.
28-B-2 DEFIITIOS. For the purpose of this Section the following definitions will be used:
Banner. A sign or outside advertising display bearing the characters, letters, illustrations,
ornamentations, symbols, colors, or visual representations applied to cloth, paper, vinyl,
fiber, plastic, or like malleable material with or without frame. The term "banner" shall
include flags, pennants, life rafts, t-shirts, towels, ribbons, spinners, streamers, kites,
balloons, tethered hot air balloons, inflatable devices, and similar objects, or any other
material or outside advertising display whether stationary or fastened in such a manner as to
move upon being subjected to movement of the atmosphere or any mechanical device. A
banner may or may not have lettering or other specific identification or advertising
information or graphics.
Commercial (as used in commercial message or commercial speech). Related to the promotion
or sale of a service or product.
Flag, Official. A flag of the United State of America, or a flag of the State of Georgia or other
governmental entity, or a flag officially adopted by the person, institution, organization, or
corporation occupying a property.
Message Board or Reader Board. A sign or portion of a sign on which the message or copy
changes automatically on a lamp bank or through mechanical means. Also known as a
Commercial Electronic Variable Message Sign.
Non Commercial (as used in non commercial message or non commercial speech). Not related
to the promotion or sale of a service or product.
Reader Board or Message Board. A sign or portion of a sign on which the message or copy
changes automatically on a lamp bank or through mechanical means. Also known as a
Commercial Electronic Variable Message Sign.
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Sign. Any device or representation for visual communication that is used for the purpose of
bringing the subject thereof to the attention of others which is located on or attached to
premises, real property, structures on real property, or a vehicle.
Sign, Abandoned. A sign which was properly permitted and erected on property in conjunction
with a particular use which use has been discontinued for a period of 30 days or more; or a
permitted temporary sign for which the permit has expired.
Sign, Awning. A sign located on an awning, which is a roof-like cover providing protection
from the weather placed over or extending from or above any window, door or other entrance
to a building.
Sign, Building Mounted. An on-premises sign painted onto or attached to a building, canopy,
awning, marquee or mechanical equipment located outside a building.
Sign, Canopy. A sign located on a canopy, which is a permanent roof-like structure providing
protection against the weather whether attached to or detached from a building.
Sign Enforcement Officer. An employee of the License and Inspection Department who is
responsible for enforcement of the provisions of this Section and is empowered to issue
citations, remove certain illegal signs, and take other actions consistent with this Section.
Sign, Freestanding. A sign supported by a structure secured in the ground and which is wholly
independent of any building, fence, vehicle, or other support.
Sign, Mansard. A sign attached to the mansard section of a roof, which is the lower, mostly
vertical portion of a roof with two pitches, including a flat topped roof with a mansard
portion.
Sign, Marquee. A sign attached to a marquee, which is a permanent roof-like structure
projecting from and beyond a building wall at an entrance to a building or extending along
and projecting beyond the building's wall and generally designed and constructed to provide
protection against the weather.
Sign, Monument. A freestanding sign which is mounted on or supported by a structure which is
not a simple pole, pylon, or beam system.
Sign, Non Conforming. A sign which was in existence and was constructed in compliance with
the terms of any prior Ordinance but does not conform to the provisions of this Section.
• Sign, Off-Premises. A sign, single face, double face, or v-type, which directs attention to one
or more businesses, commodities, services, or entertainment, and which is primarily, but not
exclusively conducted, sold, or offered off the premises on which the sign is located. This
definition shall not be construed to prohibit non commercial messages on off-premises signs.
• Sign, On-Premises. A sign relating its subject matter to the premises on which it is located,
or to products accommodating services or activities on the premises. This definition shall not
be construed to prohibit non commercial messages on on-premises signs.
• Sign, Pole (or Pylon) Mounted. A freestanding sign which is mounted on or supported by a
simple pole, pylon, or beam system.
Sign, Political. A sign erected for the purpose of advertising a candidate or stating a position
regarding an issue upon which the voters of the city shall vote.
Sign, Portable. A sign which is designed to be transportable (with wheels; designed to be
transported by trailer or wheels; mounted on a vehicle for advertising purposes, parked and
visible from the public right-of-way – except for normal business vehicles) and utilized at
different locations and is not permanently affixed to the ground or to a building.
• Sign, Projecting. An on-premises sign attached to a building, canopy, awning or marquee
and projecting outward therefrom in any direction a distance of two feet or more.
Sign Surface Area. A measurement of the portion of a sign consisting of the actual copy,
advertisement, or area devoted to identification or proclamation within the periphery of the
smallest circle, triangle, rectangle, a combination of the foregoing. The sign surface area
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shall include any background material, trim, color, or other visual representations which
attracts attention or are used to differentiate a sign from a building, structure, backdrop
surface, or object upon which the sign is placed. Sign surface area shall not include the sign
structures if no message, symbol, or any of the aforementioned sign face criteria are
displayed on or designed as part of the sign structure.
Sign, Temporary. A sign or advertising display constructed of cloth, canvas, fabric, paper,
plywood, sheet metal, or another light material which is designed to be used only
temporarily, and which is not permanently mounted. Included in this category are banners,
portable signs, retailers signs temporarily displayed such as special sale signs, special event
signs, special product or service promotional signs, and similar signs.
Sign, Traffic Directional. An on-premises sign consisting of a simply message such as "in",
"out", "parking" or something similar and an arrow, logo, but nothing more erected solely for
the purpose of vehicular or pedestrian traffic direction or safety. Such sign shall have no
advertising words or phrases.
Sign, Window. Any sign or display which is painted on or applied to or projected upon or within
the interior or exterior of a building glass area, including doors, which can be read from
contiguous property or public right-of-way.
28-B-3 ADMIISTRATIO. Administration of this Section shall be the responsibility of the License
and Inspection Department. Administration shall consist of (A) application and sign plan, and
(B) sign permit:
A. Application and Sign Plan. A sign permit may be issued upon the submission of an
application and an approved sign plan, and payment of a fee. The application shall be on
a form provided by Augusta, Richmond County disclosing the sign owner, property
owner, property occupant, address of the premises where the sign is to be located,
together with the size of the proposed sign and a description of any other signs located on
the premises, other signs for which a permit has been issued and remain outstanding, and
for proposed signs yet to be permitted. In addition, other information shall be provided
as indicated on the form, and other information needed pursuant to Sections 28-B-6
through 28-B-12 shall be provided.
Every permit application shall be accompanied by a sign plan. A sign plan shall show the
location of all existing, permitted but not erected, and proposed signs, all buildings,
parking facilities, driveways, curbs and right-of-way lines immediately adjacent to the
property. Also, single-family residential structures on adjoining properties shall be
shown. The location of the sign(s) for which the permit applies shall be shown. In
addition, the sign plan shall include drawings of all proposed signs showing dimensions,
elevations, height, setbacks, materials and illumination sources, types, and intensity.
Sign plans shall be scaled drawings with accurate dimensions provided, where
appropriate, to show conformance to this Section. Sign plans need not be prepared by
licensed professionals, unless required elsewhere in this Section, but a certification of
their accuracy shall be placed upon the plan.
Sign plans shall be approved, approved with conditions, or denied by the License and
Inspection Department. Action on a sign plan shall be taken within five working days of
submission or it shall be deemed to have been approved. An approved sign plan, an
application, and payment of a fee shall be required to obtain a sign permit.
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B. Sign Permit. Except as specified in Subsection 28-B-4 of this Section, a sign permit must
be obtained from the License and Inspection Department prior to the erection, installation
or material alteration of any sign. As used in the preceding sentence, material alteration
shall mean any change in, a) the height of a sign, b) the surface area of a sign, c) the
location of a sign, d) the supporting structure of a sign, and e) the illumination of a non-
illuminated sign; such terms shall not include routine maintenance and repair or routine
electrical work only. Permits may be obtained from the License and Inspection
Department. Signs to be located in locally designated historic districts (Title 7, Chapter 4
of the Augusta Richmond County Code), shall be approved by the Historic Preservation
Commission.
A sign permit shall be accompanied by a decal which shall be affixed to the sign structure
before it is erected. A Permit for a temporary sign shall be accompanied by a decal color
coded to the calendar quarter in which the permit is valid. A decal for a permanent sign
shall be valid and remain affixed to the sign throughout the life of the sign. A sign permit
issued upon the basis of false or misleading information which is material to the
application and granting of a permit, shall be immediately revoked and such sign shall be
removed within 30 days.
28-B-4 EXEMPTIOS. The following are not considered to be signs for the purpose of administering
and enforcing this Ordinance, and permits shall not be required.
A. Official Flags. Except during celebration of officially recognized holidays, only one of
each of the three categories of Official flags may be displayed on a lot. Official flags
shall not exceed sixty (60) square feet in area, nor be located on flagpoles more than forty
(40) feet in height or that exceed the height limitation of the zoning district. Official
flags shall be flown in accordance with protocol established by the Congress of the
United States for the Stars and Stripes, as applicable. Any flag not meeting any one or
more of these conditions will be considered a sign and will be subject to regulation as
such.
B. Vehicles regularly and customarily used to transport persons or property for a business
when located on the same property as the business, and used for normal business
purposes other than the display of a message on a lot.
C. Government signs erected pursuant to and in the discharge of any government function.
D. Signs or plates on residential structures or premises bearing the name and/or address of
the occupant; mailboxes, paper boxes, and similar uses customarily associated with
residential structures.
E. Historical markers, monuments or signs as recognized by local, state, or federal
authorities.
F. Holiday decorations that do not convey a commercial message.
G. Any sign or display which is located completely within an enclosed building and which is
not visible from outside the building or beyond the boundaries of the lot or parcel upon
which it is located.
H. Paintings/art work that does not convey a commercial message.
I. Real estate, development, or contractor signs less than six square feet in area related to
the specific property upon which they are located. Such signs larger than 6 square feet in
area shall be regulated as temporary signs per Section 28-B-6.
J. Political signs when the sign area is 32 square feet or less, provided such signs are related
to a specific local, state, or national election and provided such signs are removed within
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ten days after such election. Political signs larger than 32 square feet shall be regulated
as temporary signs per Section 28-B-6.
K. Grave markers, headstones, memorial statues or similar non-commercial remembrances.
L. Any sign approved by the Augusta Commission and incorporated into a bus shelter or
bench.
M. Address numbers less than six inches in height.
N. Inside faces of scoreboards or walls on athletic fields.
O. A living display on the ground of flowers or other plants which conveys a message.
P. Banners when specifically approved as to size, form, location and duration by the
Augusta-Richmond County Commission.
Q. In B1, B2, LI, and HI zones, on every lot, or in the case of a shopping center or other
multiple occupancy structure, on every building or storefront, one banner not exceeding
(twenty-four) 24 square feet in area mounted flat against the building or projecting no
more than two (2) feet therefrom, which is removed daily upon the close of business.
R. For shopping centers or other multiple occupancy structures, one sandwich board type
sign per business or occupant, not to exceed twelve (12) square feet in area nor five (5)
feet in height, nor less than three (3) feet in height, may be located within (ten) 10 feet of
the building occupied by each business or occupant of such shopping center or similar
structure. Such sign must be removed daily upon the close of business.
S. On a lot which adjoins a public sidewalk where the main building is setback ten feet or
less from the right-of-way line, a sandwich board type sign (not to exceed twelve square
feet in area nor five (5) feet in height, nor be less than three (3) feet in height) placed
within the sidewalk encroachment zone as identified in Section 3-8-ll of the City Code,
shall be exempted. Such signs shall be subject to the permitting requirement set forth in
Code Section 3-8-11. Such signs must be removed from the sidewalk daily after the
close of business.
28-B-5 PROHIBITED SIGS. The following types of signs are prohibited in Augusta, Richmond
County:
A. Pavement markings or sidewalk markings except those of a customary traffic control
nature or otherwise approved by the City.
B. Signs attached to trees, lampposts, parking meter posts, hydrants, traffic signs, rocks or
other natural features, telephone or utility poles unless specifically approved as to size,
form, location, and duration by the Augusta-Richmond County Commission.
C. Signs mounted, painted, or otherwise displayed on the roofs of buildings.
D. Banners, except that banners may be used as temporary signs.
E, Any sign or outdoor advertising display that depicts any material which is obscene as
defined in The Official Code of Georgia Annotated Section 16-12-80.
F. Any sign or outdoor advertising display which displays nudity as defined in The Official
Code of Georgia Annotated Section 32-6-75 (21) (b).
G. Any private or business sign, except as authorized by Augusta, Richmond County, which
restricts or appears to reserve any portion of public right-of-way or any public area for
the exclusive use or private use of an individual, tenant, client, guest, or business.
H. Signs which in any way imitate an official traffic sign or signal, or contains words or
symbols displayed in a manner which might mislead or confuse drivers of vehicles, or
signs which any manner may unduly confuse, distract, or divert the attention of drivers of
vehicles.
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I. Signs which use flashing lights, strobe lights, blinking lights, or any type of pulsating or
moving light, except moving message boards or reader boards.
J. Any sign painted on or attached to a vehicle and used as a stationary sign, where said
vehicle is:
1. not titled or displaying a current license tag, or
2. located in a front yard per this Ordinance
K. Any sign which obstructs free ingress to or egress from a required door, window, fire
escape, or other exitway.
28-B-6 TEMPORARY SIGS. One temporary sign per street frontage may be located on a lot, parcel
or tract which is not occupied by a shopping center of similar multiple occupancy structure in a
B1, B2, LI, or HI zone. Except for those signs which are exempted under Section 28-B-4 of this
Ordinance, there shall be no temporary signs within shopping centers or similar multiple
occupancy structures in a B1, B2, LI, or HI zone. A temporary sign that is not exempted by 28-
B-4 may be located on property for a maximum of thirty (30) days per calendar quarter, either
thirty (30) consecutive days or for three (3) ten (10) day periods. A permit shall be acquired for
a temporary sign, and a decal color-coded to the calendar quarter shall be affixed to the
temporary sign before it is erected. The temporary sign shall be removed when the decal expires.
If an applicant chooses to display a sign for three consecutive ten-day periods then such must or
shall be noted on the application for a permit. Using three (3) ten-day periods will require three
inspections. The setbacks and height requirement for permanent signs shall apply to temporary
signs. Temporary signs shall not exceed forty (40) square feet in area (1 side). Temporary signs
shall not be placed or located in parking spaces and shall not be an obstruction for sight distance.
A sign larger than six (6) square feet advertising the sale of real property upon which the sign is
located shall be exempted from permitting and the thirty (30)-day maximum, but such sign shall
be the only temporary sign located on said property.
28-B-7 SIGS I AGRICULTURAL, SIGLE-FAMILY RESIDE TIAL, TWO-FAMILY
RESIDETIAL, AD MULTIPLE-FAMILY RESIDETIAL ZOES (A, R-1, R-2,
AD R-3). The following signs shall be the only signs permitted in Agricultural and
Residential zones:
A. Entrance Signs For Approved Subdivisions. One subdivision entrance sign per
entrance is allowed for residential subdivisions. Such signs shall not exceed 24
square feet in area or six (6) feet in height. Such sign must be located upon the
property identified by the sign and illuminated only by indirect incandescent
lighting. The location of such sign shall not adversely affect traffic safety and the
location shall be approved by the Traffic Engineer.
B. Entrance Signs For Apartment or Condominium Complexes With More Than Ten
Units in Two-family and Multiple-family Residential Zones. One sign per street
front. Such sign shall not exceed 24 square feet in area or six (6) feet in height.
Each such sign shall be located on the property identified by the sign and
illuminated only by indirect incandescent lighting. An illuminated sign must be
located at least 100 feet from the nearest existing single-family home. The
location of such sign shall not adversely affect traffic flow and shall be approved
by the Traffic Engineer.
C. Signs for Uses Permitted by Special Exception in Sections 15-18 and 26. When
located in Agricultural or Residential zones, signs shall be prohibited in
association with the following uses: family day care homes, family personal care
homes, group personal care homes, transitional housing and home occupations.
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When located in any other zone, these uses shall conform to the Regulations for
that zoning classification. When located in Agricultural or Residential zones, the
following uses may have one non illuminated sign per street front which shall not
exceed six square feet in area or five feet in height: lodging houses or tourist
houses, fraternity or sorority houses, congregate personal care homes, and adult
day care facilities. When located in any other zone, these uses shall conform to
the Regulations for that zoning classification. The following uses may have one
sign per street front in an Agricultural or a Residential zone; church, private
school, hospital (public or private), cemetery, nursing home, funeral home, inert
landfill, sanitary landfill, or club per Section 26-1(i). Such signs shall not exceed
24 square feet in area or six (6) feet in height. Each sign must be located upon the
property identified by the sign and this may be illuminated only by indirect
incandescent lighting. An illuminated sign must be located at least 100 feet from
the nearest existing single-family home. When located in any other zone these
uses shall conform to the Regulations for that zoning classification. All signs
provided for in this Subsection shall be set back a minimum of ten (10) feet from
a public right-of-way line or fifteen (15) feet from any curb or edge of pavement.
D. Other Signs. One sign per lot containing non-commercial messages or
commercial messages drawing attention to an activity that is legal on the
premises. Such sign shall not exceed six (6) feet in area, or five (5) feet in height,
and they must be set back at least two (2) feet from the public right-of-way. Such
signs shall not be illuminated. Permits are not required for such signs.
28-B-8 O-PREMISES FREESTADIG SIGS I PROFESSIO AL, COMMERCIAL,
AD IDUSTRIAL ZOES .
A. Number of Signs. In P-1, B-1, B-2, LI or HI zones: One on-premises
freestanding-sign per street frontage (must be oriented toward the street frontage),
plus one for each 300 feet of street frontage or plus one for each ten (10)
businesses in a shopping center or similar multiple occupancy complex. On-
premises freestanding signs on the same property and on the same street frontage
shall be at least 100 feet apart.
B. Sign Surface Area. The maximum on-premises freestanding sign surface area in
the P-1 zone is 12 square feet. Signs in the P-1 Zone shall be non-illuminated and
shall not be located within 20 feet of a single-family residential zone nor within
25 feet of the intersection of the right-of-way lines of intersecting streets. In B-1
zones, the maximum sign surface area is 100 square feet unless the sign location
would be within 100 feet of a single-family residence or single-family residential
zone in which case the maximum sign surface area shall be 50 square feet. In B-
2, LI, or HI zones, the maximum sign surface area is 200 square feet unless the
sign location would be within 100 feet of a single-family residence or single-
family residential zone, or unless the sign would be located within the Planned
Development Riverfront Zone (PDR), or unless the sign would be located in a
national register or locally designated historic district (Title 7, Chapter 4 of the
Augusta-Richmond County Code), in which case the maximum sign surface area
would be 50 square feet. In the Planned Development Riverfront Zone (PDR) or
National Register or locally designated historic districts (Title 7, Chapter 4 of the
Augusta-Richmond County Code), the maximum sign surface area shall be 35
feet in a B-1 zone.
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Freestanding signs may be either monument (completely enclosed base) or pylon
(pole) supported. There shall be no limitation on the size of a simple pole or
beam support system. For a monument sign, the supporting structure of the sign
shall not be included in calculating the area of the sign permitted by this
Ordinance; provided, however, that the supporting structure shall not exceed 50%
of the total combined area of the sign and supporting structure.
To encourage design excellence and enhance the aesthetic quality of
development, the minimum on-premises freestanding sign surface area set forth
above may be increased in all cases as provided herein. A separate bonus may be
granted for each of the criteria, but in no case may the total bonus exceed 70%.
Bonus provisions shall not apply within the Planned Development Riverfront
Zone (PDR) or in National Register or locally designated historic districts (Title
7, Chapter 4 of the Augusta-Richmond County Code).
1) 10% bonus when the sign is constructed of solid wood and the design is
compatible with the style, texture, and color scheme of the structure(s) on
the site;
2) 10% bonus when an area around the base of the sign is at least 4 times the
area of the sign surface and the area around the base of the sign is covered
by a landscaped planter;
3) 10% bonus if the sign is unlighted;
4) 50% bonus where a proposed sign would replace an existing sign that is
100% larger than the current Ordinance would permit, where the proposed
sign location would not be within 100 feet of a single family residence or
zone, and where the proposed sign would be the only freestanding sign on
the property;
5) 50% bonus if the lot qualifies for more than 1 freestanding sign but only 1
sign is erected, if the proposed sign location would not be within 100 feet
of a single family residence or zone;
6) 25% bonus if the proposed sign location is more than 100 feet from any
existing or proposed public street or highway right-of-way, the proposed
sign is the only on-premises freestanding sign on the property, and the
proposed sign location would not be within 100 feet of a single family
residence or zone.
C. Height. In P-1 zones, the maximum height, including structural elements, is six
feet. In B-1 zones, the maximum height, including structural elements, is 20 feet.
In B-2, LI, or HI zones the maximum height, including structural elements, is 30
feet. The sign's height shall be measured from the elevation of the adjoining road
grade or from the base of the sign, whichever is higher.
D. Interstate Sign Overlay Zone (ISO). Properties zoned B-2, LI, and HI and located
within 1500 feet of the centerline of I-20 or I-520 (except for that Section between
Doug Barnard Parkway and Laney Walker Boulevard) shall constitute the ISO.
Within the ISO, the maximum number of on-premises freestanding signs shall be
calculated as follows:
Lots less than 150 feet of width at the street frontage – 1 sign;
• Lots having 150 feet – 300 feet of width at the street frontage – 2 signs; and
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Lots having more than 300 feet of width at the street frontage – two signs plus one
additional sign for each additional 300 feet of street frontage (i.e. 600 feet = 3
signs).
Within the ISO, the maximum sign surface area shall be 400 square feet for one
on-premises freestanding sign on a lot and 200 square feet for any additional signs
permitted on the same lot. The maximum height in the ISO shall be 120 feet.
E. Setback. No part of any on-premises freestanding sign may be closer than ten feet
from any public right-of-way line or fifteen feet from any curb or edge of
pavement whichever is greater. No on-premises freestanding sign may be located
closer than 50 feet from a single-family residence or a R-zone boundary nor
within 10 feet of any property line. No sign shall be located so as to inhibit the
visibility of motorists entering or leaving a public road.
F. Clearance. Adequate sign clearance shall be provided to assure that vehicular
and pedestrian traffic movements are not adversely affected. Minimum clearance
of pole mounted signs shall be no less than 10 feet above pedestrian ways and not
less than 15 feet above areas utilized by motor vehicles.
G. Traffic Directional Signs. The area, height, and setback limitations at Sections
28-B-8-B to 28-B-8-E shall not apply to on-site entrance, exit, or other traffic
directional signs, provided that no such directional sign shall exceed 30 inches in
height nor more than 4 square feet in area. There shall not be more than two
traffic directional signs per driveway entering or exiting the street frontage. Such
signs shall be set back at least 10 feet from any street curb or edge of pavement
but not on any public right-of-way.
H. Message Boards and Reader Boards. Shall be permitted in B-1, B-2, LI and HI
zones. They shall count toward the maximum permitted on-premises freestanding
signage set forth in Sections 28-B-8-B and 28-B-8-D.
I. Freestanding Outdoor Drive Through Menu Boards. If not visible from a street
right-of-way, menu boards shall not count toward the total on-premises
freestanding signage permitted. If visible from a street right-of-way, then such
signs will be considered to be regulated on-premises freestanding signs.
J. Illumination. Freestanding signs in P-1 zones shall be non illuminated. In B-1,
B-2, LI and HI zones, signs on the same side of a street or across a street from a
single-family residence which is within 100 feet of the proposed sign location
shall be non illuminated. Otherwise, signs in B-1, B-2, LI and HI zones may be
illuminated. To the extent possible, illumination shall be oriented away from
residential areas.
K. Code Conformance. All signs for which a building permit is required shall be
constructed and maintained in conformance with City building and electrical
codes. Plans for all freestanding signs 30 feet or higher, or greater than 150
square feet, shall be certified as to conformance with all structural and wind-load
resistive standards of the Building Code by a structural engineer registered in the
State of Georgia, or be prepared using standard drawings prepared by a structural
engineer or other qualified professional meeting or exceeding all requirements of
the Building Code. Freestanding signage that does not require an engineer's seal
must include supporting foundation calculations. All freestanding signage
requires a foundation inspection. Neon exposed or attached to a structure requires
a final inspection. All signage must have a disconnect switch located at the
signage. All signs involving internal lights or other electrical devices or circuits
shall display a label certifying it as meeting standards of the Underwriter's
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Laboratories. All signs, together with their supports, braces, guys and anchors,
shall be kept in good repair and, unless constructed of galvanized or noncorroding
metal, shall be given a protective coating as necessary to maintain a clean
appearance and safe condition.
28-B-9 BUILDIG MOUTED SIGS I PROFESSIOAL, COMM ERCIAL, AD
IDUSTRIAL ZOES.
A. Number and area of signs permitted. In Professional zones, there may be only
one building attached sign per street frontage per building, or in the case of
attached buildings, shopping centers, or other multiple occupancy complexes, one
building attached sign per individual front facade. The area of such signs shall
not exceed 12 square feet. Building mounted signs shall not extend above the
roofline of the portion of the building where they are mounted.
In commercial or industrial zones, the number of building attached signs shall not
be limited. The maximum area in B-1 (Neighborhood Business) zones shall be
one square foot of sign surface area per linear foot of building width parallel to
the street, or in the case of attached buildings, shopping centers or other multiple
occupancy complexes, per individual front facade. In B-2 (General Business)
zones, LI (Light Industrial) zones, and HI (Heavy Industrial Zones) the maximum
area shall be 2 square feet of sign surface area per linear foot of building width.
If any premises is entitled to use freestanding signs pursuant to Section 28-B-8
but chooses not to do so and signs an agreement waiving all rights to future
freestanding signs, then the maximum permitted building mounted signs surface
area may be increased by 25 percent. This bonus provision may only be applied
to attached buildings, shopping centers, and other multiple occupancy complexes
if there is no freestanding sign on the entire property, and an agreement is
executed whereby future freestanding sign rights would be waived on the entire
property.
Building attached signage in B-2, LI, and HI zones may only be placed upon the
front of a building facing the street upon which the area calculation is based.
B. Canopy, Marquee, Mansard, and Awning Mounted Signs. Building mounted
signs may be placed flat against a building or on canopies, marquees, or mansard
portions of roofs. Regardless of where such signs are located they shall be
counted toward the maximum building mounted sign surface area that may be
placed on the facade upon which such signs are located or project from. Such
signs shall be affixed flat to the surface of a canopy, marquee, or mansard or
project no more than three inches therefrom, and they shall not extend vertically
above a canopy, marquee, or mansard. Awning signs must be painted or printed
directly on the awning and they shall also count toward the maximum building
mounted sign surface area that may be placed on the facade upon which they are
located or project from.
C. Projecting Signs. Building attached signage may not project more than two feet
from the building wall upon which it is attached except for canopy, marquee, or
awning mounted signs.
D. Window Signs. Window signs shall not be permitted in Professional zones. In B-
1, B-2, LI, and HI zones, window signs may be permitted, but they may not
occupy more than 20 percent of the area of any window. In the Planned
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Development Riverfront Zone (PDR) or National Register or locally designated
historic districts (Title 7, Chapter 4 of the Augusta-Richmond County Code), no
more than two windows in any structure may be used for signs.
E. Illumination. Building mounted signs in P-1 zones shall be non-illuminated. In
B-1, B-2, LI, and HI zones, signs on the same side of a street or across a street
from a single-family residence which is within 100 feet of the proposed sign
location shall be non illuminated. Otherwise, signs in B-1, B-2, LI, and HI zones
may be illuminated.
F. Code Conformance. All signs for which a building permit is required shall be
conducted and maintained in conformance with City building and electrical codes.
All neon applications shall require a final inspection. All signage shall have a
disconnect switch located on the signage. All signs involving illumination or
other electrical devices or circuits shall display a label certifying it as meeting
standards of the Underwriters Laboratories. All signs shall be kept in good repair.
28-B-10 OFF-PREMISES SIGS.
A. Location. Off-premises signs may be located only in B-2 (General Business), LI
(Light Industrial), or HI (Heavy Industrial) zones in accordance with other provisions
of this Section, except in areas and sites which would not be consistent with the
desired overall character of the City and the information needs of tourists, businesses,
and residents. Off-premises signs are prohibited within the following areas and sites:
• Washington Road from the Calhoun Expressway to River Ridge Road, 1000 feet
from the right-of-way line;
• Calhoun Expressway, 1000 feet from the right-of-way line;
• Gordon Highway from Bobby Jones Expressway to 1000 feet past Gate 1 at Fort
Gordon (at Dyess Parkway), 1000 feet from the right-of-way line;
• Doug Barnard Parkway from Gordon Highway to 1000 feet past Tobacco Road,
1000 feet from the right-of-way line;
• Bobby Jones Expressway from Doug Barnard Parkway to the Savannah River,
1000 feet from the right-of-way line;
• Jimmy Dyess Parkway, 1000 feet from the right-of-way line;
• Riverwatch Parkway, 1000 feet from the right-of-way line;
• Berckman Road from Rae's Creek to Washington Road, 500 feet from the right-
of-way line;
• Wheeler Road from Bransford Road to Columbia County, 1000 feet from the
right-of-way line;
• Jackson Road from Wrightsboro Road to Wheeler Road, 1000 feet from the right-
of-way line;
• Walton Way Extension from Wheeler Road to Pleasant Home Road, 1000 feet
from the right-of-way line;
• Davis Road from Pleasant Home Road to Columbia County, 1000 feet from the
right-of-way line;
• Pleasant Home Road from Washington Road to Walton Way Extension, 1000 feet
from the right-of-way line;
• Wrightsboro Road from Barton Chapel Road to Columbia County, 1000 feet from
the right-of-way line;
• Windsor Spring Road from old Louisville Road to Hephzibah City limits, 1000
feet from the right-of-way line;
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28 - B - 12
• Tobacco Road, 1000 feet from the right-of-way line;
• All national register historic districts and all locally designated historic districts
under Title 7, Chapter 4 of the Augusta-Richmond County Code.
• The Planned Development Riverfront District (Sec. 25 - A)
• St. Sebastian Way from Walton Way to Reynolds Street, 500 feet from the right-of-
way line.
• Other areas and sites which may be designated by amendment to the text of this
Ordinance.
B. Separation from single-family residential zone boundaries or uses. Off-premises
signs shall not be located within 100 feet of any single-family residential zone
boundary or the property line of a parcel occupied by a single-family residence.
C. Setback. The setback requirements for off-premises signs shall be the same as the
setback requirements for principal structures.
D. Spacing between off-premise signs. There shall be no more than one (1) off-premises
outdoor advertising sign having more than thirty-two (32) square feet of surface area
for each seven hundred and fifty (750) feet of frontage on each side of any roadway.
Any off-premises outdoor advertising sign located within five hundred (500) feet of
the right-of-way line of the subject roadway shall be considered to be on the roadway,
regardless of whether the sign faces or is oriented toward the subject roadway or
toward another roadway, and regardless of whether or not there are intersecting
streets. No off-premises outdoor advertising sign shall be located less than three
hundred (300) feet from any other off-premises outdoor advertising sign in any
direction.
The Interstate Highway System shall be defined as any property that lies within six
hundred and sixty (660) feet of the nearest edge of the right-of-way of an Interstate
Highway. Off-premise outdoor advertising signs in this area must be permitted by
the Georgia Department of Transportation. For purposes of this Ordinance, any off-
premise outdoor advertising sign located in this area shall be considered to be a part
of the Interstate Highway System regardless of whether the sign faces the Interstate
Highway or is oriented toward the Interstate Highway or toward another roadway,
and regardless of whether or not there are intersecting streets.
No off-premises outdoor advertising sign shall be located on roadways designated as
part of the Interstate Highway System within five hundred (500) feet of an
interchange, intersection grade, or safety rest area. The foregoing 500 foot zone shall
be measured along the Interstate Highway from the point at which the pavement
commences or ceases to widen at exits from or entrances to the main traveled way.
E. Height. No off-premises outdoor advertising sign shall exceed a height of sixty (60)
feet from ground level measured from the elevation of the adjoining road grade or
from the base of the sign, whichever is higher.
F. Area. The maximum area of an off-premises outdoor advertising sign face shall be
three hundred (300) square feet on two lane roadways and six hundred seventy-two
(672) square feet on highways with more than two lanes, plus temporary
embellishments not exceeding twenty percent (20%) of the permanent sign area.
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28 - B - 13
Only one (1) sign face facing traffic moving in one direction shall be permitted on an
off-premises sign.
G. Certain off-premises signs to be regulated as on-premises signs. Off-premises signs
smaller than 32 square feet shall be regulated as on-premises signs for the purpose of
this Section, and they shall be permitted only if they conform to the rules regulating
on-premises signs. Off-premises sign structures shall not be converted to on-premises
signs or vice versa without first securing the proper permits.
H. Code Conformance. All signs for which a building permit is required shall be
constructed and maintained in conformance with City building and electrical codes.
Plans for all freestanding signs 30 feet or higher, or greater than 150 square feet, shall
be certified as to conformance with all structural and wind-load resistive standards of
the Building Code by a structural engineer registered in the State of Georgia, or be
prepared using standard drawings prepared by a structural engineer or other qualified
professional meeting or exceeding all requirements of the Building Code.
Freestanding signage that does not require an engineer's seal must include supporting
foundation calculations. All freestanding signage requires a foundation inspection.
Neon exposed or attached to a structure requires a final inspection. All signage must
have a disconnect switch located at the signage. All signs involving internal lights or
other electrical devices or circuits shall display a label certifying it as meeting
standards of the Underwriter's Laboratories. All signs, together with their supports,
braces, guys and anchors, shall be kept in good repair and, unless constructed of
galvanized or noncorroding metal, shall be given a protective coating as necessary to
maintain a clean appearance and safe condition.
I. Site Plan Required. Every permit application for a proposed off-premises
outdoor advertising sign or for any repair or replacement of an existing off-
premises outdoor advertising sign shall be accompanied by a site plan
prepared by a registered surveyor. The site plan shall show the proposed
location for the subject sign, the distance of the proposed or existing off-
premises outdoor advertising sign to the nearest off-premises outdoor
advertising sign on the same side of the roadway, the distance to the nearest
off-premises outdoor advertising sign on the opposite side of the roadway, and
also the distance to any other structures on the property where the new sign is
to be located. In the event of repair or replacement, the distance to existing
structures on the property shall be shown. The site plan shall be prepared and
stamped by a registered land surveyor. The surveyor shall be required to enter
the correct map and parcel number and complete address for the property for
which the permit application is being submitted. The site plan shall be
approved by the Augusta-Richmond County Planning Commission. Once
approved, the site plan shall be in effect for two years except that an approved
plan may be rescinded at the request of the party who presented the plan for
approval. An approved plan cannot be renewed or extended beyond two
years. After a site plan has been approved, no other plans shall be considered
that would conflict with the subject plan until two years have expired, or the
approval has been properly rescinded.
Attachment number 22
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28 - B - 14
28-B-11 O-COFORMIG SIGS. Nothing contained herein shall be construed to ratify or
approve the erection and/or maintenance of any sign which was erected in violation of
any prior Ordinance, and any sign so erected shall be subject to removal as provided in
this Subsection. Signs that were in existence and were constructed in compliance with
the terms of any prior Ordinance but do not conform to the provisions of this Section are
hereby designated as legal nonconforming signs. Signs which become legal
nonconforming uses as the result of this Section may continue under the general
standards for nonconformity in Section 5. They may be maintained and repaired but they
may not be enlarged, heightened, or illuminated (if not currently illuminated). All signs
defined herein as temporary signs, attention getting devices, or banners must either be
permitted as temporary signs or removed prior to January 1, 2001. Any existing sign
which qualifies for permitting as a temporary sign must be permitted and a decal attached
no later than January 1, 2001. Non-conforming signs (permanent and temporary) not
permitted as prescribed above, shall become illegal signs and the License and Inspection
Department shall be authorized to issue citations and/or remove such non-permitted signs
per Section 28-B-13. All illegal and nonconforming signs shall be removed from a tract
or parcel before any additional signs may be permitted on the same tract or parcel.
28-B-12 ABADOED SIGS. Signs that conform to this Ordinance, or signs that are made
non-conforming as a result of this Ordinance which subsequently become abandoned
signs shall upon abandonment be covered with a weather resistant opaque material which
blocks the total sign surface area (off-premises signs are exempted). 90 Days after the
abandonment of a legal non-conforming sign the permit for such sign shall automatically
expire and all exposed parts of said sign shall be removed. The foregoing shall apply to
all signs including off-premises signs.
28-B-13 EFORCEMET AD PEALTIES. Enforcement of this Section shall be the
responsibility of the License and Inspection Department. An enterprise fund consisting
of revenue from the sale of sign permits shall be utilized to pay all of the costs of
enforcement of the Regulations included in this Section. Fees shall be sufficient to, at a
minimum, offset such costs.
The License and Inspection Department shall make routine inspection of all signs, and he
shall Also respond to issues raised by the public and other departments. Upon
ascertaining a violation of the provisions of this Chapter, the License and Inspection
Department shall cause to be served upon the offender, or to his agent, or upon the owner
or his agent, or the occupant(s) of the premises a written notice to abate which shall:
A. Describe the condition(s) constituting a violation,
B. Demand that the violation be corrected or that the offending sign be removed,
C. State that an inspection will be made no less than 10 days nor more than 30 days
after the notice is issued and at such time, if the conditions which constitute the
violation have not been abated, then a citation will be issued.
If, after the notice has been given and upon an inspection the offending sign has not been
removed, then the License and Inspection Department shall issue a citation, and if the
offending sign is a temporary sign or banner then the License and Inspection Department
shall remove such sign. If the offending sign is not a temporary sign, then the offending
sign may be removed, or the offending condition may be corrected by the City at the
expense of the offender and/or the owner and/or the occupant of the premises under
Attachment number 22
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28 - B - 15
direction of the License and Inspection Department. The City shall have a lien on the
property upon which said sign is located to secure the amount expended for the
abatement and all unpaid permit fees and delinquent charges due to such sign. Citations
shall be forwarded to Magistrate Court for placement on the earliest possible docket.
Any person who violates any provision of this Chapter or any person refusing to comply
with any notice to abate or other notices issued by the Department of License and
Inspection within the time allowed by such notice upon conviction shall be guilty of
misdemeanor. Each day is a separate violation. Each violation of this Chapter shall be
deemed a separate offense and punishable by a fine not exceeding one thousand dollars
($1,000) or by imprisonment not exceeding sixty (60) days, either or both in the
discretion of the judge having jurisdiction.
AMEDED – Section 28-B-10 (A) ovember 2010
Attachment number 22
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Item # 5
28-C - 1
SECTIO 28 C
ADULT ETERTAIMET
28-C-1 REFERECE TO THE CITY CODE. This section relates to the Title 6 Chapter 1 of
the Augusta-Richmond County Code entitled "Adult Entertainment." This Code Section
is included in part in the Zoning Ordinance as it relates to locations, or zoning districts
and therefore to the extent that it relates to such plans, policies and zoning procedures
must be followed.
28-C-2 DEFIITIOS. The following terms used in this Section defining adult entertainment
establishments shall have the meanings indicated below:
(a) Adult bookstore. An establishment having a substantial or significant
portion of its stock in trade, magazines or other periodicals which are
distinguished or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas or an
establishment with a segment or section comprising five (5) percent or more of its
total floor space, devoted to the sale or display of such materials or five (5)
percent or more of its net sales consisting of printed materials which are for sale
or rent, which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or specified
anatomical areas.
(b) Adult dancing establishment. A business that features dancers displaying or
exposing specified anatomical areas.
(c) Adult motion picture theater. An enclosed building with a capacity of fifty
(50) or more persons used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing, or relating to specified sexual
activities or specified anatomical areas for observation by patrons therein.
(d) Adult mini-motion picture theater. An enclosed building with a capacity of
less than fifty (50) persons used for commercially presenting material
distinguished or characterized by an emphasis on matter depicting or relating to
specified sexual activities or specified anatomical areas for observation by patrons
therein.
(e) Adult motion picture arcade. Any place to which the public is permitted or
invited wherein coins or slug operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors or other
image-producing devices are maintained to show images to five (5) or fewer
persons per machine at any one time and where the images so displayed are
distinguished or characterized by an emphasis on depicting or describing specified
sexual activities or specified anatomical areas.
(f) Adult video store. An establishment having a substantial or significant portion
of its stock in trade, video tapes or movies or other reproductions, whether for sale
or rent, which are distinguished or characterized by their emphasis on matter
Attachment number 22
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28-C - 2
depicting, describing or relating to specified sexual activities or specified
anatomical areas or an establishment with a segment or section, comprising five
(5) percent of its total floor space, devoted to the sale of display of such material
or which derives more than five (5) percent of its net sales from videos which are
characterized or distinguished by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas.
(g) Erotic dance establishment. A nightclub, theater or other establishment
which features live performances by topless and/or bottomless dancers, go-go
dancers, strippers or similar entertainers, where such performances are
distinguished or characterized by an emphasis or specified sexual activities or
specified anatomical areas.
(h) Escort bureau; introduction services. Any business, agency or persons who,
for a fee, commission, hire, reward, or profit, furnish or offer to furnish names of
persons, or who introduce, furnish or arrange for persons who may accompany
other persons to or about social affairs, entertainments or places of amusement, or
who may consort with others about any place of public resort or within any
private quarters.
(i) Good moral character. A person is of good moral character according to this
chapter if that person has not been convicted of a felony involving serious sexual
misconduct, or a crime not a felony if it involves serious sexual misconduct, in the
past five (5) years. Conviction shall include pleas of nolo contendere or bond
forfeiture when charged with such crime.
(j) Reserved.
(k) Reserved.
(l) Minor. For the purposes of this Chapter, any person who has not attained the
age of eighteen (18) years.
(m) Permitted premises. The business location for which a permit and a Business
Tax Certificate has been issued to operate an adult entertainment establishment.
(n) Specified sexual activities. Shall include any of the following:
(1) Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral anal copulation, bestiality, direct physical stimulation of
unclothed genitals, flagellation or torture in the context of a sexual relationship, or
the use of excretory functions in the context of a sexual relationship in any of the
following sexually oriented acts or conduct: anilingus, buggery, coprophagy,
coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty; or
(2) Clearly depicted human genitals in a state of sexual stimulation,
arousal or turmescence; or
Attachment number 22
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28-C - 3
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus
or masturbation; or
(4) Fondling or touching of nude human genitals, pubic region, buttocks
or female breast; or
(5) Masochism, erotic or sexually oriented torture, beating of the
infliction of pain; or
(6) Erotic or lewd touching, fondling or other sexual contact with an animal by
human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation. (o)
Specified anatomical areas. Shall include any of the following:
(1) Less than completely and opaquely covered human genitals or pubic region;
buttock; or female breast below a point immediately above the top of the areola; or
(2) Human male genitalia in a discernibly turgid state, even if completely and
opaquely covered.
28-C-3 LOCATIO.
No adult entertainment establishments shall be located in any zone other than one designated as
"LI" Light Industrial or "HI" Heavy Industrial under the Comprehensive Zoning Ordinance for
Richmond County, as incorporated in the Augusta-Richmond County Code, Title 8, Chapter 5.
In addition, no adult entertainment establishment or use restricted hereunder shall be located;
(a) within 1,000 feet of:
(1) A church or place of religious worship;
(2) A public or private elementary or secondary school;
(3) A child care facility;
(4) A boundary of a residential district as defined in the Comprehensive Zoning
Ordinance.
(5) A public park;
(6) A cemetery;
(7) The property line of a lot devoted to a residential use as defined in the
Comprehensive Zoning Ordinance;
(8) Another sexually oriented business which does not have a common entrance
with an already licensed or exempted sexually oriented business; or
Attachment number 22
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28-C - 4
(9) A governmental building or site, which shall be defined as all public
buildings, parks, and recreational areas owned, operated or occupied by Augusta.
(10) Another sexually oriented business.
(11) Within the parameters of an area designated as an Augusta gateway/corridor
in the Corridor/Gateway Action Plan (2000), as presently existing or hereafter modified,
adopted by the Augusta-Richmond County Commission and on file in the office of the
Clerk of the Commission. Gateways and Corridors are defined as follows:
a. Gordon Highway/Doug Barnard Parkway Gateway - All property located
within 1000 feet of the intersection of the centerlines of these roadways;
b. I-20/Riverwatch Parkway Gateway - All property located within 2000 feet
of the intersection of the centerlines of these roadways; and
c. Peach Orchard Road/Gordon Highway Corridor - All property located
within 1000 feet of the centerline of the following roadways: Peach
Orchard Road from Tobacco Road to Gordon Highway, and Gordon
Highway from Peach Orchard Road to Walton Way.
(b) A person commits an offense if he causes or permits the operation, establishment or
maintenance of more than one sexually oriented business in the same building, structure, or its
portion, or the increase of floor area of any sexually oriented business in any building, structure,
or its portion, containing another sexually oriented business.
(c) For the purposes of subsection (a)(1) through (9) of this section, measurement shall
be made in a straight line, without regard to intervening structures or objects, from the nearest
portion of the building or structure used as a part of the premises where a sexually oriented
business is conducted, to the nearest property line of the premises of a church or place of
religious worship, or public or private elementary or secondary school, or to the nearest
boundary of an affected public park, a cemetery, residential district or residential lot.
(d) For purposes of subsection (c) (10) of this section, the distance between any two
sexually oriented businesses shall be measured in a straight line, without regard to intervening
structures or objects, from the closest exterior wall of the structure in which each business is
located.
(e) Any sexually oriented business lawfully operating as of January 1, 1996 that is in
violation of subsections (a), (b) or (c) of this section shall be deemed a nonconforming use. Such
use will be permitted to continue for a period not to exceed one year unless sooner terminated for
any such reason or voluntarily discontinued for a period of 30 days or more. Such
nonconforming uses shall not be increased, enlarged, extended or altered except that the use may
be changed to a conforming use. If two or more sexually oriented businesses are within 1,000
feet of one another and otherwise in a permissible location, the sexually oriented business which
was first established and continually operating at a particular location is the conforming use and
the later established business is nonconforming.
(f) A sexually oriented business lawfully operating as a conforming use is not rendered a
nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented
Attachment number 22
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28-C - 5
business license, of a church or place of religious worship, public or private elementary or
secondary school, governmental building or site, cemetery, residential district or residential lot
within 1,000 feet of the sexually oriented business. This subsection applies only to the renewal
of a valid license, and does not apply when an application for a license is submitted after a
license has expired or has been revoked.
Attachment number 22
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Item # 5
28-D - 1
SECTIO 28 D
COSERVATIO SUBDIVISIOS
28-1 As Permitted Uses - Conservation subdivisions shall be permitted uses by right in the
Agricultural (A) Zone and in the following single-family residential zones: R-1, R-1A,
R-1B, and R-1C if no lot is less than 60% of the minimum lot size permitted in the
Zoning Classification, subject to the requirements of this Chapter.
28-2 As Special Exceptions - Conservation subdivisions where one or more lots are 60% or
less of the minimum lot size permitted in the Zoning Classification may be approved by
Special Exception in the A, and R-1, R-1A, R-1B and R-1C Zones. Procedures for
approving conservation subdivisions as Special Exceptions shall be as established in
Section 26. Approval shall be granted on the basis of a specific plan and its consistency
with the Comprehensive Plan, planning principles, and the general development pattern
in the area.
28-3 The Planning Commission may grant variances from the requirements found at 28-4
through 28-12 if they are consistent with the Comprehensive Plan, planning principles,
and the general development pattern in the area.
28-4 Tract Size - The minimum size tract which can be developed as a conservation
subdivision shall be 20 acres.
28-5 Greenspace Requirements - A minimum of 40% of the overall acreage of the tract shall
be permanently protected as greenspace. If property that could be developed under the
present federal, state, and local statutes, rules, and regulations in the opinion of the
Planning Commission makes up more than 50% of the proposed greenspace, then the
minimum greenspace requirement is reduced to 30% of the overall acreage of the tract.
This greenspace may be dedicated to the Federal, State, or local government for
permanent protection as greenspace if a unit of government chooses to accept such
donation. It may alternatively be dedicated to a homeowners association or to another
entity (such as a land trust) for permanent protection subject to prior approval of a
greenspace management plan by the City of Augusta. A greenspace management plan
shall provide for the use, ownership, maintenance, and permanent protection of
greenspace areas, and the allocation of responsibilities for maintenance and operation of
greenspace and any facilities located thereon, including financial provisions for
stewardship, maintenance, repairs and operation, and long term capital improvements.
28-6 Use of Greenspace Areas - Greenspace may be landscaped and or left with a natural
vegetative cover in which no roadways, parking areas, or improvements other than the
following may be located:
Recreational facilities specifically permitted by the Planning Commission.
Underground utilities.
Gazebo's, wildlife observation facilities, boat docks, and similar facilities.
Landscaped stormwater detention areas.
Landscaped easement for drainage access, and sewer or water lines.
Attachment number 22
Page 146 of 163
Item # 5
28-D - 2
Other uses found to be compatible with the intent of this section by the Planning
Commission.
28-7 Buffers - Where a conservation subdivision is contiguous to an single-family residential
zone or single-family residential use that is not part of a conservation subdivision, a
buffer strip with a minimum width of 30 feet shall be provided. If a lot in the
conservation subdivision adjacent to the contiguous single-family residential zone or area
is 80 percent or more of the minimum lot size required in the adjacent zone or area the
buffer need not be provided adjacent to such lot. This buffer strip shall be part of the
required greenspace and provided for in the greenspace management plan, and it shall
conform to the standard for protection in Subsection 8-4-11 (e)(9) of the Augusta-
Richmond County Tree Ordinance.
28-8 Lots - The portion of a conservation subdivision that is not devoted to greenspace shall be
developed as lots and the related streets, utilities, retention facilities, etc. There shall be
no minimum lot size, but housing must be detached and the total number of lots shall not
exceed the number of lots that would be permitted by the base zoning classification in the
opinion of the Planning Commission.
28-9 Setbacks
A) Front setbacks shall be as provided for in the R-1 zone, except that variances for
lesser setbacks may be granted by the Planning Commission on an overall project
basis depending on the nature of the proposal, the surrounding development
pattern, the relationship to the Comprehensive Plan, site conditions, and general
planning principles.
B) Side Setbacks - the minimum side setback shall be five feet except that greater
setbacks may be required to conform to fire codes.
C) Rear Setbacks - the minimum rear setback is 25 feet, unless a lot is situated in
such a way that the rear lot line is adjacent to a greenspace area, in which case the
minimum rear setback is ten (10) feet.
D) The setback for community recreational facilities shall be set by the Planning
Commission on a case by case basis, but the minimum setback from any exterior
property line shall be 30 feet.
28-10 Lot Coverage - The maximum lot coverage, including main buildings and other
incidental structures shall be 50% per lot.
28-11 Building Height - shall be as provided for in Subsection 8-6 of this Ordinance.
28-12 Home Occupations - may be permitted pursuant to the provisions of Section 8-3 of this
Ordinance.
28-13 Accessory Buildings - shall be permitted pursuant to the provisions to Section 8-4 of this
Ordinance.
28-14 TV Satellite Dishes - shall be permitted as accessory uses subject to the provisions of
Section 8-5.1 of this Ordinance.
Attachment number 22
Page 147 of 163
Item # 5
29 - 1
SECTIO 29
EXCEPTIOS AD MODIFICATIOS
29-1 Public utilities and public services: The provisions of this Ordinance shall not be construed so
as to limit or interfere with the construction, installation, operation and maintenance for public
utility purposes, of water and gas pipes, mains and conduits, electric light and electric power
transmission and distribution lines, telephone and telegraph lines, oil pipe lines or sewer mains,
nor with incidental appurtenances such as relay boxes, etc.
29-2 Height:
(a) DELETED.
(b) Through lots one hundred fifty (150) feet or less in depth: The height of a building may
be measured on such lots from the adjoining curb level on either street.
(c) Through lots more than one hundred fifty (150) feet in depth: The height regulations and
the basis of height measurements on such lots for the street permitting the greater height
shall apply to a depth of not more than one hundred fifty (150) feet from the street.
(d) Structures permitted above height limit: Penthouse or roof structures for the housing of
elevators, stairways, tanks, ventilating fans or similar equipment required to operate and
maintain the building, fire or parapet walls, skylights, towers, steeples, roof signs,
flagpoles, chimneys, smokestacks, wireless masts, water tanks, silos, gas containers, or
similar structures may be erected above the height limits herein prescribed subject to
other provisions of this Ordinance, but no penthouse nor roof structure or any space
above the height limit shall be allowed for the purpose of providing additional enclosed
space for residential, commercial, or industrial use.
29-3 Setbacks:
(a) Yard regulations modified: Where the yard regulations cannot reasonably be complied
with, or their application determined, on lots of peculiar shape, location, or topography,
such regulations may be modified as determined by the Augusta-Richmond County
Board of Zoning Appeals.
(b) DELETED.
(c) When a lot adjoins only one lot having a main building (within twenty-five (25) feet of its
side lot line) which projects beyond the established front setback line and has been so
maintained since March 25, 1963, the front setback requirement on such lot may be the
average of the front yard of the existing building and the required front setback, provided,
however, the front yard of such lot shall not be less than ten (10) feet.
(d) DELETED.
(e) For the purpose of side yard regulations, semidetached and row dwellings with common
walls will be considered as one building occupying one lot.
(f) Front and side yards waived: The front and side yards may be waived for dwellings,
hotels, and lodging or apartment houses erected above the ground floor of a building
when said ground floor is designed and used exclusively for commercial purposes.
Attachment number 22
Page 148 of 163
Item # 5
29 - 2
29-4 Projections into yards:
(a) Porte-cocheres, carports: Such structures may be permitted over a driveway in a side
yard, provided such structure is not more than one story in height and thirty (30) feet in
length (including storage space), and is entirely open on at least two (2) sides except for
the necessary supporting columns, provided, however, said structure does not extend
within five (5) feet of the side lot line.
(b) Eave or canopy: An eave, canopy, or other similar architectural feature may extend into
any required yard not more than three (3) feet.
(c) Open stairway and balcony: An open, unenclosed stairway or balcony, not covered by a
roof or a canopy, may extend into a required front yard not more than three (3) feet.
(d) Open porch: An open unenclosed porch, platform, or deck not covered by a roof or
canopy, which does not extend above the level of the first floor of the building, may
extend or project into any required yard not more than four (4) feet.
29-5 Minimum lot reduction for underground utilities:
The minimum required lot area within an R-1 zoned subdivision may be reduced two percent
(2%) when the subdivision is developed with all utilities underground. When such reduction
occurs, a utility easement of one and one-half (1-1/2) feet shall be provided along the front
property line.
Amended June 2006, Section 29-4(b)
Attachment number 22
Page 149 of 163
Item # 5
30 - 1
SECTIO 30
BUILDIG PERMITS AD SITE PLAS
30-1 Building Permit: Before a permit is issued for the erection, moving, alteration, enlargement, or
occupancy of any building or structure or use of premises, the plans and intended use shall
indicate conformity in all aspects to the provisions of this Ordinance.
30-2 Site Plan: A building permit under the provisions of the building code of Augusta, Georgia for
the purpose of constructing or expanding a structure that is not a single-family house or related
thereto shall only be issued upon the presentation of a site plan that has been approved by the
staff of the Augusta-Richmond County Planning Commission. Such site plan shall be drawn to
scale, showing accurately the dimensions and location of the following: property lines,
easements, utilities, structures, signs, off-street parking, driveways, retention facilities and any
other information that may be necessary to the administration and/or enforcement of this
Ordinance. Such site plan shall be submitted by the Staff to all departments of Augusta and
other entities that are deemed appropriate and they shall review and approve said site plan before
it is approved by the Staff of the Planning Commission.
30-3 Interpretation of Ordinance: In interpreting and applying the provisions of this Ordinance, they
shall be held to the minimum requirements for the promotion of health, safety, welfare, morals,
and convenience of the general public. The lot or yard areas required by this Ordinance for a
particular building shall not be diminished and shall not be included as part of the required lot or
yard areas of any other building.
Attachment number 22
Page 150 of 163
Item # 5
31 - 1
SECTIO 31
CERTIFICATE OF OCCUPACY
31-1 A Certificate of Occupancy shall be required for any of the following:
(a) Occupancy and use of a building hereafter erected or enlarged.
(b) Change in use of an existing building to a different use.
(c) Occupancy and use of vacant land except for the raising of crops.
(d) Any change in nonconforming use.
(e) After submitting plans and specifications to the Building Inspector and upon issuance of
a building permit, the builders will have complied with this Ordinance for all purposes,
provided said building is constructed in accordance with said plans and specifications.
(f) No such occupancy, use or change of use shall take place until a Certificate of Occupancy
has been issued by the Building Inspection Department.
Attachment number 22
Page 151 of 163
Item # 5
32 - 1
SECTIO 32
EFORCEMET AD PEALTIES
32-1 It shall be the duty of the Chief Building Official to enforce the provisions of this Ordinance in
the manner and form and with the powers provided in the laws of the State and Ordinances of the
Augusta Commission.
32-2 All commissions, boards, departments, officials, and employees of Augusta which are vested with
the duty or authority to issue permits or licenses shall conform to the provisions of this Ordinance
and shall issue no permit or license for any use, building, or purpose if the same would be in
conflict with the provisions of this Ordinance. Any permit or license issued in conflict with the
provisions of this Ordinance shall be null and void.
32-3 The erection, construction, alteration, addition, conversion, moving or maintenance of any
building or structure and the use of any land or building which is continued, operated, or
maintained, contrary to any provisions of this Ordinance is hereby declared to be a violation of
this Ordinance and unlawful. The Attorney of the Augusta Commission shall immediately, upon
any such violation having been called to his attention, institute injunction, abatement, or any other
appropriate action to prevent, enjoin, abate, or remove violation. Such action may also be
instituted by any property owner who may be damaged by any violation of this Ordinance. The
remedy provided for herein shall be cumulative and not exclusive, and shall be in addition to any
other remedies provided by law.
32-4 Any person or corporation whether as principal, agent, employee, or otherwise who violates any
provision of this Ordinance shall be guilty of an offense and upon conviction shall be punished by
a fine in an amount not to exceed five hundred dollars ($500) and/or imprisonment for a period
not to exceed sixty (60) days. Cases shall be tried in Magistrate's Court.
Attachment number 22
Page 152 of 163
Item # 5
33 - 1
SECTIO 33
BOARD OF ZOIG APPEALS
33-1 Authorization: Established by virtue of the Home Rule Provision of the Constitution of the
State of Georgia of 1983 and codified by an Ordinance of the Augusta Commission dated March
18, 1997. The Board of Zoning Appeals for the Augusta Commission shall be hereinafter
referred to as the "Appeals Board".
33-2 Membership: The Appeals Board shall consist of ten (10) members each of whom shall reside
in one of the ten districts of Augusta.
33-3 General Provisions: The Board of Zoning Appeals shall elect one (1) of its members as
Chairman, who shall serve a one (1) year term or until a successor is elected. The Chairman may
succeed himself.
(a) The Chairman shall have the power to vote on matters before the Appeals Board only when his
vote will change the result.
(b) The Appeals Board shall appoint a secretary who may be an official or employee of either
Augusta Commission or of the Planning Commission.
(c) Meetings of the Appeals Board shall be held at the call of the Chairman and at such other times
as the Appeals Board may determine.
(d) The Chairman, or in his absence the acting chairman, may administer oaths and compel the
attendance of witnesses by subpoena.
(e) The Appeals Board shall keep minutes of its proceedings, showing the vote of each member
upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of
its examinations filed in the office of the secretary of the Appeals Board and shall be a public
record.
(f) The Board shall adopt rules in accordance with the provisions of this section of this Ordinance.
33-4 Procedure: Appeals to the Board of Zoning Appeals may be taken by any person aggrieved, or
by any official, department head, board, or bureau of the Augusta Commission, affected by any
decision of an administrative officer. Such appeal shall be taken within a reasonable time, as
provided by the rules of the Appeals Board, by filing with the Secretary of the Appeals Board a
notice of appeal specifying the grounds thereof.
(a) Action of Augusta Commission:
(1) Upon notice by the Secretary of a filing of appeal, the official from whom the
appeal is taken shall forthwith transmit to the Appeals Board all papers
constituting a record upon which the action appealed was taken.
(2) An appeal stays all legal proceedings in furtherance of action appealed from,
unless the official from whom the appeal is taken certifies to the Appeals Board,
after notice of appeal shall have been filed with him, that by reason of facts stated
in the certificate, a stay would, in his opinion, cause imminent peril to life and
property. In such a case, proceedings shall not be stayed other than by a
restraining order which may be granted by the Appeals Board or by a court of
record on application, on notice to the officer from whom the appeal is taken, and
on due cause shown.
(b) Action of Appeals Board: Upon receipt of notice of appeal in a form prescribed by the
Appeals Board, the Board of Zoning Appeals shall:
(1) Fix a reasonable time for the hearing of the appeal or other matter referred to it.
Attachment number 22
Page 153 of 163
Item # 5
33 - 2
(2) Publish once in a newspaper of general circulation in Augusta a "Notice of Public
Hearing" on the appeal. Such notice shall be published at least fifteen (15) days
prior to the date of the hearing and shall indicate the time and place of the hearing
and the nature of the appeal to be considered by the Appeals Board.
(3) Send postal cards or letters to the property owners of record whose property lies
within a 300-foot radius of the property subject to the appeal, giving notice of the
time, place, and nature of the appeal.
(4) Upon the Hearing, any party may appear in person, by agent, or attorney.
33-5 Powers of Appeals Board:
(a) To hear and decide appeals where it is alleged that there is error in any order,
requirement, decision, or determination made by an administrative official in the
enforcement of the Zoning Ordinance adopted by the Augusta Commission pursuant to
this Ordinance.
(b) To hear and decide requests to place manufactured homes as second living units on
properties for no longer than one (1) year, on the basis of hardship.
(c) To authorize upon appeal in specific cases such variance from the terms of the Zoning
Ordinance as will not be contrary to the public interest, where owing to special
conditions, literal enforcement of the provisions of the Zoning Ordinance will, in an
individual case, result in an unnecessary hardship, so that the spirit of the Zoning
Ordinance shall be preserved, public safety and welfare secured, and substantial justice
done. Such variance may be granted in such individual cases of unnecessary hardship
upon finding by the Appeals Board that:
(1) There are extraordinary and exceptional conditions pertaining to the particular
piece of property in question because of its size, shape, or topography; and
(2) The application of the Zoning Ordinance to this particular piece of property would
create an unnecessary hardship; and
(3) Such conditions are peculiar to the particular piece of property involved; and
(4) Relief, if granted, would not cause substantial detriment to the public good or
impair the purpose and intent of the Zoning Ordinance; provided, however, that
no variance may be granted for a use of land or building or structure which is
prohibited by the Zoning Ordinance.
(d) To authorize the operation of certain businesses as home occupations pursuant to
regulations promulgated by the Augusta Commission.
(e) In exercising the above powers, the Appeals Board may, in conformity with the
provisions of this section, reverse or affirm wholly or partly, or may modify the order,
requirement, decision, or determination; and to that end, shall have all of the powers of
the officer from whom the appeal is taken and may issue or direct issuance of a permit.
When a variance is granted that would require the issuance of a building permit, an
individual granted a variance by the Appeals Board has a period of one year from the date
of approval to obtain a building permit. Anyone that fails to obtain a building permit
within the one year period forfeits the variance right previously granted.
(f) An appeal that is denied by the Appeals Board cannot be reheard for a period of one year
unless the Appeals Board unanimously grants this privilege.
Attachment number 22
Page 154 of 163
Item # 5
33 - 3
33-6 Appeal from decision of Appeals Board: Any person or person severally or jointly aggrieved
by any decision of the Appeals Board or with any official charged with the enforcement of any
order, requirement, or decision of said Board may appeal said decision to the Superior Court of
Richmond County, Georgia. The procedure for said appeal shall be the same as an appeal to the
Superior Court from any decision made by the Probate Court as provided by the laws of Georgia,
except that said appeal shall be filed within thirty (30) days from the date of the decision of the
Appeals Board or any official charged with the enforcement of any order, requirement, or
decision in connection therewith; and upon failure to file said appeal within thirty (30) days, the
decision of the Appeals Board shall be final.
Attachment number 22
Page 155 of 163
Item # 5
34 - 1
SECTIO 34
ZOIG MAPS
34-1 COTET. The official zoning maps of Augusta shall be a layer of the Geographic Information
System which shall contain the boundaries of the various zoning districts of the City. The
Official Zoning Maps as defined herein are hereby duly incorporated as an indispensable part of
the Comprehensive Zoning Ordinance.
34-2 RELATIOSHIP TO PREVIOUS MAPPIG. The zoning classifications established by the
adoption of the Comprehensive Zoning Ordinance on March 25, 1963, reconfirmed on November
15, 1983, and thereafter duly amended prior to the effective date of this amendment will be the
zoning classification represented on the Official Maps as identified by this Amendment at its
adoption. The zoning classification of properties in Augusta and the regulation of the uses of
those properties shall not in any way be changed by this amendment.
34-3 LOCATIO AD METHOD OF DISPLAY. The official zoning maps shall be available for
inspection by the public at the office of the Augusta-Richmond County Planning Commission and
at other locations at the discretion of the Planning Commission and they may be displayed either
electronically or in a paper format.
34-4 PUBLIC ISPECTIO PRIOR TO ADOPTIO. The Official Zoning Maps were available
for inspection by the public prior to adoption during the period of notice prescribed in O.C.G.A.
36-66, during the public hearing required by O.C.G.A. 36-66, and during the meetings of the
Augusta-Richmond County Commission at which time their incorporation into the Zoning
Ordinance was considered.
34-5 RESPOSIBILITY. The safekeeping and maintenance of the Official zoning Maps shall be the
responsibility of the Executive Director of the Augusta-Richmond County Planning Commission.
Attachment number 22
Page 156 of 163
Item # 5
35 - 1
SECTIO 35
AMEDMETS TO THIS ORDIACE
35-1 Review of Proposed Amendments: This Ordinance, including the map or maps, may be
amended from time to time, but no amendment shall become effective unless it shall have
been proposed by, or first submitted to the Planning Commission for review and
recommendation.
35-2 Procedures for Public Hearing:
(a) The Planning Commission shall conduct, on behalf of the Augusta- Commission,
all public hearings on proposed amendments to this Ordinance and maps.
(b) At least 15 but not more than 45 days prior to the date of the hearing, the Planning
Commission shall cause to be published within a newspaper of general circulation
within the territorial boundaries of the local government a notice of the hearing.
The notice shall state the time, place, and purpose of the hearing. If a zoning
decision of a local government is for the rezoning of property and the rezoning is
initiated by a party other than the local government then:
(1) The notice shall include the location of the property, the present zoning
classification of the property, and the proposed zoned classification of the
property; and
(2) A sign indicating the present zoning classification and the proposed
zoning classification shall be placed in a conspicuous location on the
property not less than 15 days prior to the date of the hearing.
(c) The Recommendations of the Planning Commission shall be submitted to the
governing body having jurisdiction within thirty (30) days. If the Planning
Commission fails to submit a report within the thirty-day period, it shall have
deemed to approve the proposed amendment.
35-3 Application for Amendment: Each application to amend this Ordinance, including the
map or maps, shall be filed with the Planning Commission and shall be in compliance
with the following:
(a) A conference with the Staff of the Planning Commission shall be held prior to
submission of the application.
(b) A statement from the owner of the property submitting the petition, or a statement
from the owner of the property designating his representative in the petition, shall
be furnished with the petition on a form supplied by the Planning Commission.
(c) A properly prepared plat of the property showing distances and bearings of the
boundaries and a tie to a known point shall be included with the petition. This
can be waived by the Staff when the proposed rezoning involves complete
parcel(s) under the Tax Assessors PIN scheme.
(d) A letter from the owner or his authorized representative requesting the
amendment, including a statement regarding the proposed use, address and
telephone number for correspondence, and any other information required
elsewhere in this Ordinance, shall be included with the petition.
Attachment number 22
Page 157 of 163
Item # 5
35 - 2
(e) A fee which has been calculated by the Planning Commission as representative of
the cost of processing an advertisement of the proposed amendment shall be paid
at the time of application.
35-4 Staff Evaluation: The Staff, upon receipt of an application for an amendment to this
Ordinance shall:
(a) Consult with other departments of the Augusta-Richmond County to fully
evaluate the impact of any zoning change upon public facilities and services
including, but not limited to, drainage, traffic and related facilities:
(b) Conduct a site review of the property and the surrounding area.
(c) Study each application with reference to the balancing test established in Guhl v
Holcomb Bridge Road Corporation and its compliance with the Comprehensive
Plan.
(d) Report its findings and recommendation to the Planning Commission, which
report shall be a matter of public record.
(e) The Planning Commission Staff’s report may recommend the applicant’s request
be reduced in land area and /or recommend conditions of rezoning which may be
deemed advisable so that the purpose of this Ordinance will be served.
35-5 Planning Commission Action: The Planning Commission shall review and make a
recommendation of approval, denial, deferral, withdrawal without prejudice, or no
recommendation on each application for which a public hearing is held in accordance
with an Ordinance of the City Council of Augusta, Georgia and the Board of
Commissioners of Richmond County, enacted April 1, 1983 and codified after
consolidation of the governments as Article 8, Chapter 5 of the Augusta Code. The staff
recommendations on applications shall be submitted to the Planning Commission prior to
the public hearing. A report of the Planning Commission’s decision shall be submitted to
the Augusta Commission. The action of the Planning Commission may recommend a
reduction of the land area for which the request is made and/or recommend conditions of
rezoning which may be deemed advisable so that the purpose of this Ordinance will be
served.
35-6 Governing Body Action: The Augusta Commission shall, at a regular meeting, approve,
deny or defer action on such application. The action of the Augusta Commission may
recommend a reduction of the land area for which the application is made and/or
recommend conditions of rezoning which may be deemed advisable so that the purpose
of this Ordinance will be served. When such conditions are added to approval of an
application, the Augusta Commission shall require that a Zoning Restriction Agreement
be recorded with the Clerk of the Superior Court of Augusta-Richmond County, Georgia.
The cost of recording such agreement shall be borne by the applicant.
35-7 Reversionary Clause: The Planning Commission may submit information to the Augusta
Commission having jurisdiction relative to property which has been rezoned for a period
of eighteen (18) months from the date of approval, and for which no site plan or
subdivision development plan approval or building permit has been obtained. The
Augusta Commission may then review such information and, if considered appropriate,
initiate reversionary zoning procedures. Such reversionary actions shall proceed in
accordance with the amendment provisions of this Ordinance.
Attachment number 22
Page 158 of 163
Item # 5
35 - 3
35-8 If the zoning decision of a local government is for the rezoning of property and the
amendment to the Zoning Ordinance to accomplish the rezoning is defeated by the local
government, then the same property may not again be considered for rezoning until the
expiration of at least six (6) months immediately following the defeat of the rezoning by
the local government. A zoning application for the rezoning of the same property to the
same classification as the defeated amendment, may not again be considered until the
expiration of at least one (1) year immediately following the defeat of the original
application by the local government.
35-9 Land Adjacent to Fort Gordon Military Installation: Zoning proposals (including
changes of zoning and special exceptions) involving land locating with 3,000 feet of the
Fort Gordon Military Installation boundary shall be evaluated Pursuant to O.C.G.A. 36-
66.6. The Planning Commission, in conducting this evaluation shall request from the
Fort Gordon Commander a written recommendation and supporting facts, and if
provided, such information shall be considered and made part of the public record. The
Planning Commission shall investigate and make a recommendation regarding the
following:
(a) Whether the zoning proposal will permit a use that is suitable in view of the use of
adjacent or nearby property within 3,000 feet of a military base, military installation,
or military airport;
(b) Whether the zoning proposal will adversely affect the existing use or usability of
nearby property within 3,000 feet of a military base, military installation, or military
airport;
(c) Whether the property to be affected by the zoning proposal has a reasonable
economic use as currently zoned;
(d) Whether the zoning proposal will result in a use which will or could cause a safety
concern with respect to excessive or burdensome use of existing street, transportation
facilities, utilities, or schools due to the use of nearby property as a military base,
military installation, or military airport;
(e) Whether the zoning proposal is in conformity with the policy and intent of the land
use plan; and
(f) Whether there are other existing or changing conditions affecting the use of the
nearby property as a military base, military installation, or military airport which give
supporting grounds for either approval or disapproval of the zoning proposal.
35-10 Halfway Houses and Drug Rehabilitation Centers: When a proposed zoning decision
relates to or will allow the location or relocation of a halfway house, drug rehabilitation
center, or other facility for treatment of drug dependency, a public hearing shall be held
on the proposed action. Such public hearing shall be held at least six (6) months and not
more than nine (9) months prior to the date of final action on the zoning decision. The
hearing required by this subsection shall be in addition to any hearing required under
subsection (a) of this Code section. The local government shall give notice of such
hearing by:
(a) Posting notice on the affected premises in the manner prescribed by subsection (b)
of this Code section; and
Attachment number 22
Page 159 of 163
Item # 5
35 - 4
(b) Publishing in a newspaper of general circulation within the territorial boundaries of
the local government a notice of the hearing at least 15 days and not more than 45
days prior to the date of the hearing.
Both the posted notice and the published notice shall include a prominent statement that
the proposed zoning decision relates to or will allow the location or relocation of a
halfway house, drug rehabilitation center, or other facility for the treatment of drug
dependency. The published notice shall be at least six (6) column inches in size and shall
not be located in the classified advertising section of the newspaper.
35-11 Land adjacent to the Cities of Hephzibah and Blythe: When a rezoning or special
exception is initiated by a property owner or by Augusta-Richmond County affecting
property located within 1,000 feet of either Hephzibah or Blythe, notice must be given to
those local municipalities. Such notice shall be in the form of a certified letter sent
within five (5) business days of the acceptance of an application to the appropriate
municipality. The notice shall contain all relevant data and request a determination as to
whether the proposed action would constitute an incompatible land use. If within ten
(10) business days after receipt of this notice the appropriate municipality notifies
Augusta-Richmond County by certified mail that the proposal could constitute an
incompatible land use then Augusta-Richmond County and the municipality must begin a
negotiation process described in an agreement between Augusta-Richmond County,
Hephzibah, and Blythe dated June 30, 1998 known as the “Agreement to Resolve Land
Use Classification Disputes”.
35-12 Land adjacent to the Augusta Canal: The Augusta Canal is a Regionally Important
Resource (RIR) as identified by the Georgia Department of Community Affairs pursuant
to the Georgia Planning Act of 1989. As such any request for a rezoning or special
exception affecting property located within the Augusta Canal National Heritage Area is
subject to a review process initiated through the Central Savannah River Area. (RDC).
Section amended in its entirety – 5-1-2007
Attachment number 22
Page 160 of 163
Item # 5
35 - 5
SECTIO 36
EFFECTIVE DATE
36-1 This Ordinance shall take effect on September 16, 1997.
Attachment number 22
Page 161 of 163
Item # 5
37 - 1
SECTIO 37
SEVERACE CLAUSE
37-1 If any section, clause, provision, or portion of this Ordinance shall be ruled invalid or
unconstitutional by any Court or competent jurisdiction, such decision shall not affect any other
section, clause, provision, or portion of this Ordinance.
Attachment number 22
Page 162 of 163
Item # 5
All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.
Done in Open meeting of the Augusta-Richmond County Commission under the Common Seal
thereof this 16th day of September, 1997.
Approved this 16th day of September , 1997.
_____________________________
Mayor
Augusta-Richmond County
ATTEST:
________
(Witness)
Attachment number 22
Page 163 of 163
Item # 5
CommissionMeetingAgenda
7/19/20115:00PM
FinalPlat-Dunnington,Sec.1-B
Department:PlanningCommission
Caption: FINALPLAT–DUNNINGTON,SECTION1-B–S-79 9-1-B–
ApetitionbyH&CSurveyingInc.,onbehalfofDu nnington
Development,requestingfinalplatapprovalforDun nington,
Section1-B.Thisresidentialtownhomedevelopment islocated
offBoyScoutRoadandcontains28lots.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 6
CommissionMeetingAgenda
7/19/20115:00PM
Z-11-28
Department:PlanningCommission
Caption: Z-11-28–ArequestforconcurrencewiththeAugustaPlann ing
Commissionto approve apetitionbyStanPerhonish,onbehalfof
PhilippeErramuzpe,requestinga SpecialException forasales
officeinaresidentialsubdivision(SpringCreekV illage)per
Section8-2(f)oftheComprehensiveZoningOrdinanc efor
Augusta,Georgiaaffectingpropertycontainingappr oximately28
acresandiscurrentlyknownas 2993and3031WillisForeman
Road.(TaxMap150-0-12-08-0&151-0-021-04-0)DISTRICT8
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 7
CommissionMeetingAgenda
7/19/20115:00PM
Z-11-29
Department:PlanningCommission
Caption: Z-11-29–ArequestforconcurrencewiththeAugustaPlann ing
Commissionto approveapetitionbyWilsonParkerHomes
requestinga SpecialException forasalesofficeinaresidential
subdivision(TheOrchards)perSection8-2(f)oft he
ComprehensiveZoningOrdinanceforAugusta,Georgia affecting
propertycontaining.42acresandisknownas 2201SunnyDay
Drive.(TaxMap196-1-023-00-0)DISTRICT8
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 8
CommissionMeetingAgenda
7/19/20115:00PM
Z-11-30
Department:PlanningCommission
Caption: Z-11-30–ArequestforconcurrencewiththeAugustaPlann ing
Commissionto approveapetitionbyWilsonParkerHomes
requestinga SpecialException forasalesofficeinaresidential
subdivision(ElderberrySection3)perSection8-2(f)ofthe
ComprehensiveZoningOrdinanceforAugusta,Georgia affecting
propertycontaining.46acresisknownas 4802AppleCourt .
(TaxMap066-4-114-00-0)DISTRICT3
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 9
CommissionMeetingAgenda
7/19/20115:00PM
Z-11-32
Department:PlanningCommission
Caption:Z-11-32–ArequestforconcurrencewiththeAugustaPlann ing
Commissionto approveapetitionbyLauraGreen,onbehalfof
YupacMill,LLC,requestingachangeofzoningfrom ZoneP-1
(Professional)toZoneB-1(NeighborhoodBusiness)affecting
propertycontainingapproximately.29acresandis knownas2006
LumpkinRoad.(TaxMap110-2-075-00-0)DISTRICT6
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 10
CommissionMeetingAgenda
7/19/20115:00PM
ZA-R-208
Department:PlanningCommission
Caption:ZA-R-208–ArequestforconcurrencewiththeAugusta
PlanningCommissionto approveapetitiontoamendSection2
(Definitions)oftheComprehensiveZoningOrdinance for
Augusta,Georgiabyaddingadefinitionforalcohol drinking
establishmentsornightclubs.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 11
ORDINANCE ______
An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the
Augusta, Georgia Commission effective September 16, 1997 by amending
Section 2 (Definitions)
THE AUGUSTA COMMISSION HEREBY ORDAINS:
SECTIO I. That the Comprehensive Zoning Ordinance is amended by adding the
following to Section 2 (Definitions)
DRIKIG ESTABLISHMETS – drinking establishments (nightclubs) shall be a
building that has a seating capacity of at least 40 persons consistent with Section 6-2-51 of
the Augusta Georgia Code thereby regulating alcohol licenses.
SECTIO II . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed.
Duly adopted by the Augusta, Georgia Commission this ______ day of
__________________, 2011.
__________________________________________
MAYOR, AUGUSTA COMMISSION
AUGUSTA, GEORGIA
ATTEST:
________________________________________
LENA BONNER, CLERK
First Reading: ____________________________
Second Reading: __________________________
Attachment number 1
Page 1 of 2
Item # 11
Attachment number 1
Page 2 of 2
Item # 11
CommissionMeetingAgenda
7/19/20115:00PM
ZA-R-209
Department:PlanningCommission
Caption: ZA-R-209–ArequestforconcurrencewiththeAugustaPlanning
Commissionto approveapetitiontoamendSection22 (General
Business)oftheComprehensiveZoningOrdinanceforAugusta,
Georgiatherebyconformingwithchangesthatwerem adeto
Section21 (NeighborhoodBusiness)relativetopermittingcafes,
restaurants,tavernsanddrinkingestablishmentsas permitteduses.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 12
ORDINANCE ______
An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the
Augusta, Georgia Commission effective September 16, 1997 by amending
Section 22-1 (b) (Permitted Uses)
THE AUGUSTA COMMISSION HEREBY ORDAINS:
SECTIO I. That the Comprehensive Zoning Ordinance is amended by deleting the
following to Section 22-1 (b) (Permitted Uses)
(2) Restaurants, cafes (including dancing and entertainment).
SECTIO II. That the Comprehensive Zoning Ordinance is amended by adding the
following language in Section 22-1 (b) (Permitted Uses)
(2) Cafes, restaurants, taverns and drinking establishments (nightclubs)
SECTIO III . All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed.
Duly adopted by the Augusta, Georgia Commission this ______ day of
__________________, 2011.
__________________________________________
MAYOR, AUGUSTA COMMISSION
AUGUSTA, GEORGIA
ATTEST:
________________________________________
LENA BONNER, CLERK
First Reading: ____________________________
Second Reading: __________________________
Attachment number 1
Page 1 of 2
Item # 12
Attachment number 1
Page 2 of 2
Item # 12
CommissionMeetingAgenda
7/19/20115:00PM
Z-11-31
Department:PlanningCommission
Caption: Z-11-31–ArequestforconcurrencewiththeAugustaPlann ing
Commissionto denyapetitionbyDr.AyudeleAyedun,M.D.,on
behalfofEarlWilliams,requestinga SpecialException to
establisha FamilyPersonalCareHome perSection26-1(H)of
theComprehensiveZoningOrdinanceforAugusta,Geo rgia
affectingpropertycontaining.35acresandisknow nas 3316
ThamesPlace .(TaxMap142-4-157-00-0)DISTRICT4
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 13
CommissionMeetingAgenda
7/19/20115:00PM
AirportResolution2011-02-AuthorizationforSign atureregardingFinancialAccounts
Department:AugustaRegionalAirport
Caption:Motionto approveAirportResolution2011-02namingthe
ExecutiveDirectorandtheFinanceDirectorasauth orizedagents
fortheAviationCommission'sMorganStanleySmith Barney
Account.TheAugustaAviationCommissionapproved the
ratificationofResolution2011-02.(ApprovedbyPublic
ServicesCommitteeJuly11,2011)
Background:MorganStanleyandSmithBarneyarerequestingthat their
“ResolutionNamingAuthorizedOfficers”and“StandingLetterof
AuthorizationtoTransferFunds”beupdatedtoincl udethe
Airport’sExecutiveDirectorandFinanceDirector.Noacti onwill
betakenuntilapprovedbytheAviationCommission Chairman
andtheFinanceCommitteeChairman.Bothsignature s
(ExecutiveDirectorandFinanceDirector)arerequi red.
Analysis:Thiswillallowthemovementofmoniestoandfrom theMorgan
StanleySmithBarneyaccountinafasterandmoree fficientway
fortheAviationCommissionandtheAirport.
FinancialImpact:ApproveAirportResolution2011-02namingtheExcut ive
DirectorandtheFinanceDirectorasauthorizedage ntsfor
signatureontheAviationCommission'sMorganStanl eySmith
Barneyaccount
Alternatives:None.
Recommendation:Approverequest.
FundsareAvailable
intheFollowing
Accounts:
N/A
REVIEWEDANDAPPROVEDBY :Cover Memo
Item # 14
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 14
1
STATE OF GEORGIA
AUGUSTA-RICHMOD COUTY
RESOLUTIO O. -_2011-02_____
A RESOLUTIO BY THE AUGUSTA AVIATIO COMISSIO TO
AME GARY LETELLIER, EXECUTIVE DIRECTOR AD TAMMY
STRAGE, FIACE DIRECTOR, OR THEIR SUCESSORS, AS
AUTHORIZED AGETS FOR THE AVIATIO COMMISSIO’S
MORGA STALEY SMITH BAREY ACCOUT; TO PROVIDE
FOR A EFFECTIVE DATE AD FOR OTHER PURPOSES.
WHEREAS, The Augusta Regional Airport is required to maintain
funding and be self-sustaining; and
WHEREAS, several accounts have been established for funds under
the management and control of Augusta Regional Airport Aviation Commission;
and
WHEREAS, Gary LeTellier, Executive Director and Tammy Strange,
Aviation Finance Director, have management, financial and fiscal responsibilities
for the Airport’s funds; and
WHEREAS, Morgan Stanley Smith Barney has requested that the
Augusta Aviation Commission pass a resolution authorizing the Aviation Finance
Director and Executive Director, or their successors, to execute certain documents
for the management of said funds and to submit a Resolution form to the
company; and
WHEREAS, the Aviation Commission has determined that it is in the best
interest of the Aviation Commission that such a resolution be passed authorizing
Ms. Strange and Mr. LeTellier, or their successors, to exercise financial duties
Attachment number 1
Page 1 of 2
Item # 14
2
with regard to the Morgan Stanley Smith Barney accounts.
OW THEREFORE LET IT BE RESOLVED AS FOLLOWS:
Section 1. That the Aviation Commission authorizes the Chairman to
execute the Morgan Stanley Smith Barney Resolution form authorizing Ms.
Strange and Mr. LeTellier, or their successors, to execute financial
documents as necessary.
Section 2. Severability. If any section, sentence, clause or phrase of
this Resolution is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Resolution, and such
remainder shall remain in full force and effect.
Section 3. Effective Date. This Resolution shall be in full force and
effect immediately upon and after its final passage.
SO RESOLVED this ______ day of ___________________, 2011.
COUTY: AVIATIO COMMISSIO:
Approved: Approved:
David Copenhaver, Mayor Jay Forrester, Chairman
Attest: Attest:
Clerk of Commission Commission Secretary
Clerk (Seal) Secretary (Seal)
Approved as to form:
County Attorney
Attachment number 1
Page 2 of 2
Item # 14
CommissionMeetingAgenda
7/19/20115:00PM
AlcoholApplication
Department:License&Inspections
Caption:Motionto approve NewownershipApplication:A.N.11-28:
requestbyUrveshPatelforaretailpackage Liquorlicensetobe
usedinconnectionwithNesha&Bansi,Inc.DBAH&SWine&
Spiritslocatedat545SandBarFerryRd.District 1.SuperDistrict
9.(ApprovedbyPublicServicesCommitteeJuly11,201 1)
Background:Thisisanewapplication.TheapplicantholdsaBe er&Wine
licenseataconveniencestoreonthisproperty.
Analysis:TheapplicantmeetstherequirementsoftheAugusta Richmond
CountyAlcoholOrdinance.
FinancialImpact:Theapplicantwillpayapro-ratedfeeof$1512.5 0.
Alternatives:
Recommendation:License&Inspectionsrecommendsapproval.TheRCSO
recommendsapproval.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 15
Attachment number 1
Page 1 of 2
Item # 15
Attachment number 1
Page 2 of 2
Item # 15
CommissionMeetingAgenda
7/19/20115:00PM
AugustaPublicTransitGrantApplication-GA-04-00 34
Department:AugustaPublicTransit
Caption:Motionto approve theSec.5307AugustaPublicTransitgrant
applicationbetweentheFederalTransitAdministrat ion(FTA)and
Augusta,Georgia.(ApprovedbyPublicServicesCommitteeJuly
11,2011)
Background:APThasbeenawarded$112,860topurchasethefollo wingitem
MiscellaneousSupportEquipment–BusWasher.This itemwillbe
80%federallyfundedand20%locallyfunded.TheSt ateportionis
notavailableatthistimetoduetostatefunding cutbacks,however,
moniesmaybemadeavailableatalaterdate.
Analysis:TheapprovalofthisgrantapplicationwillallowA ugustaPublic
TransittogetanewbuswasherforthenewTransit facility.
FinancialImpact:Thefundingforthisapplicationis80%federal$90 ,288,and20%
Local$22,572.
Alternatives:None.Ifyoudonotapprovethisgrant,wewilllos ethemoney.This
moneywillbeusedtohelpfundTransit.
Recommendation:Approvethesubmissionofthisgrantapplication.
FundsareAvailable
intheFollowing
Accounts:
fund546
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 16
Item # 16
Item # 16
CommissionMeetingAgenda
7/19/20115:00PM
AugustaPublicTransitGrantApplication-GA-90-X3 07
Department:AugustaPublicTransit
Caption:Motionto approvetheSec.5307AugustaPublicTransitgrant
applicationbetweentheFederalTransitAdministrat ion(FTA)and
Augusta,Georgia.(ApprovedbyPublicServicesCommittee
July11,2011)
Background:APThasbeenawarded$1,372,500topurchasethefol lowing
itemsReplacementBuses,BusFareCollectionEquipm ent,
Surveillance/SecurityEquipment,BusStopSigns,Sh op
Equipment,SupportVehicles,BusShelters,Landscap ing
BeautificationandEnhancedADAAccess.Theseitem swillbe
80%federallyfundedand20%locallyfunded.TheSt ateportion
isnotavailableatthistimetoduetostatefundi ngcutbacks,
however,moniesmaybemadeavailableatalaterda te.
Analysis:TheapprovalofthisgrantapplicationwillallowA ugustaPublic
Transittocontinuetoprovidetransportationservi cetoCitizensof
Augusta-RichmondCountyinamoreefficientmanner.
FinancialImpact:Thefundingforthisapplicationisa80%federal$1,098,000,and
20%Local$274,500.
Alternatives:None.Ifyoudonotapprovethisgrant,wewilllos ethemoney.
ThismoneywillbeusedtohelpfundTransit.
Recommendation:Approvethesubmissionofthisgrantapplication.
FundsareAvailable
intheFollowing
Accounts:
fund546
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 17
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 17
Item # 17
Item # 17
Item # 17
CommissionMeetingAgenda
7/19/20115:00PM
MorrisCommunicationsCompany,LLCLeaseAmendment
Department:AugustaRegionalAirport
Caption:Motionto approve theMorrisCommunicationsCompany,LLC
LeaseAmendmentasapprovedbytheAugustaAviation
CommissionduringtheirJune30,2011meeting (Approvedby
PublicServicesCommitteeJuly11,2011).
Background:MorrisCommunicationsCompany,LLChasrequestedto sublease
aircraftstorageareasandofficeareasinHangarT hree,thehangar
theyarecurrentlyoccupying.MorrisCommunication sCompany,
LLChasa20-yearleasefortheiruseofHangarThr ee.The
agreementisdatedDecember19,1996.Thetermoft heleaseis
fortwentyyearsstartingonApril1998andendsM arch
2018.Currentlytherearenoamendmentstotheleas e.
Analysis:MorrisleaseagreementParagraph8,UseofthePrem ises,states
thatMorrisCommunicationsmaynotusethehangarf or“conduct
ofacommercialbusinessorprovidingservicetoot hers(except
guests)ontheLeasedPremisesbyLesseeorotherp ersons.”In
addition,MorrisleaseagreementParagraph17,Assi gnments,
statesthatMorrismustobtain“priorwrittenconse ntofthe
Lessor”tosublease.TograntMorrisCommunications request,
leaseparagraph8mustbeamendedtoallowacommer cial
operatorinHangarThreeandleaseparagraph17ame ndedto
allowsubleasing.Inaddition,Airportstaffwould liketoupdate
theMorrisLeaselanguageconcerninginsurance,ind emnity,
airportrules,hangartenantbadge,andaviationfu els.
FinancialImpact:N/A
Alternatives:Denyrequest.
Recommendation:RecommendapprovalofMorrisCommunicationsLease
Amendmenttoallowsubleasingtobothcommercially operated
andnon-commerciallyoperatedbusinessesasdescrib edintextof
LeaseAmendment.
Cover Memo
Item # 18
FundsareAvailable
intheFollowing
Accounts:
N/A
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 18
Attachment number 1
Page 1 of 6
Item # 18
Attachment number 1
Page 2 of 6
Item # 18
Attachment number 1
Page 3 of 6
Item # 18
Attachment number 1
Page 4 of 6
Item # 18
Attachment number 1
Page 5 of 6
Item # 18
Attachment number 1
Page 6 of 6
Item # 18
CommissionMeetingAgenda
7/19/20115:00PM
StandardAeroLease
Department:AugustaRegionalAirport
Caption:Motionto approvetheleasebetweenAugustaRegionalAirport
andStandardAeroBusinessAviationServices,LLCas approved
bytheAugustaAviationCommissionattheirJune30 ,2011
meeting.(ApprovedbyPublicServicesCommitteeJuly11,
2011)
Background:StandardAerooriginallyknownasGarretthasbeen atenantatthe
AugustaregionalAirportsinceJuly15,1976.Theo riginallease
wasextendedtoDecember31,1997withanexercised option
extendingtheleasetoDecember31,2007,andagain toDecember
31,2010.Thereafterthepartiesextendedtheterms andconditions
by90daysbylettertofacilitateadditionalnegot iations.Ending
annualrentalpaymentswere$320,456.00.
Analysis:ThenewdocumentbecomeseffectiveJuly1,2011and isvalidfor
tenyearswithanoptionfor10additionalyearssu bjecttothe
renegotiationofallratesandchargesforthe10y earrenewal
period.
FinancialImpact:Annualrentwillincreaseby5%eachyearforthef irsttwoyears
and3%annuallythereafterthroughtheninthyear.Thetenthyear
willremainflat.Yearonewillbe$336,479.00with yeartenbeing
$434,518.00.Anyholdoverswouldbeat1.5timesth efinal
monthlyrentforthefirst90daysand2timesther eafter.The
documentinitsentiretyisenclosedforreview.
Alternatives:Denyrequest.
Recommendation:RecommendtheAugustaCommissionapprovethenewSt andard
Aeroleasewitharecommendation.
FundsareAvailable
intheFollowing
Accounts:
N/A
Cover Memo
Item # 19
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 19
Attachment number 1
Page 1 of 1
Item # 19
CommissionMeetingAgenda
7/19/20115:00PM
FIXEDBASEOPERATION(FBO)CONSTRUCTIONMANAGEMENT (CM)ATRISKMAXIMUM
GUARANTEEDPRICECONTRACT
Department:AugustaRegionalAirport
Caption:Motionto approve ChoateConstructionCompanyContractand
theGuaranteedMaximumPrice(GMP)toConstructFix edBased
OperationasapprovedbytheAugustaAviationCommi ssionat
theirJune30,2011meeting.(NorecommendationfromPublic
ServicesCommitteeJuly11,2011)
Background:ThecurrentFBOfacilitiesareoutdated,inadequate andhave
exceededtheirusefullife.TheAugustaAviationCo mmission
throughtheCountyProcurementDepartmentissuedan RFQfora
CMatRiskfirmandshortlistedfourcompaniesasf ollows:R.J.
Griffin&CompanyChoateConstructionCompanyPotts
ConstructionCompanyMcKnightConstructionCompanyR .J.
Griffinwasapprovedfornegotiationsleadingtoa contractto
constructtheFBO.Staffwassubsequentlyunableto successfully
attainarealisticconstructionguaranteewithR.J .Griffinand
releasedthemthroughtheProcurementDepartment’s evaluation
process.AirportStaffwasthenauthorizedthrough the
procurementsystemtocontactChoateConstructiona ndre-enter
newGMPdiscussions.
Analysis:TheGMPreachedthroughdiscussionswithChoateis $5,045,461
whichis$345,461overtheAugustaAviationCommiss ion’s
originalbudgetof$4,700,00and$919,864lessthan theR.J.
Griffinnumberof$5,965,325.Staffhasahighleve lofconfidence
inChoate’sGMPsinceitinvolvesactualbidsfrom all
subcontractorsandhasinouropinionestablisheda fairand
reasonablevaluationofthecurrentmarketplace.T hisGMP
representsanincreaseof$345,461overthebudget of$4,700,000
fortheprojectandcanbeabsorbedthroughtheair portenterprise
fundscapitalbudgetwithbudgetamendmentsandcar efulcash
managementwithouttakingonnewdebt.
FinancialImpact:TheGuaranteedMaximumPrice(GMP)fortheconstruc tionof
theFixedBaseOperations(FBO)is$5,045,461which includes
theestimatesofallsubcontractors.Cover Memo
Item # 20
Alternatives:Denyrequest.
Recommendation:RecommendtheAugustaCommissionapproveaGuarante ed
MaximumContractof$5,045,461withtheChoateCons truction
CompanyfortheconstructionoftheAugustaRegiona lAirport’s
newFixedBaseOperationsFacility.
FundsareAvailable
intheFollowing
Accounts:
551081206/5413130-$1,600,000Budgettobeamended as
follows:551081206/3899910-$3,446,000551081206/5 413130-
$3,446,000551081206/5499999-$3,446,000
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 1 of 64
STANDARD FORM OF CONTRACT
FOR GENERAL
CONSTRUCTION MANAGEMENT SERVICES
(At-Risk Guaranteed Maximum Price)
BETWEEN
AUGUSTA-RICHMOND COUNTY, GEORGIA
(hereinafter referred to as the Owner)
AND
CHOATE CONSTRUCTION COMPANY
(hereinafter referred to as the Construction Manager)
This Contract for General Construction Management Services is entered into between:
Owner
Owner’s Name:Augusta-Richmond County, Georgia
Contact Name:Gary W. Le Tellier, AAE
Owner’s Address:530 Greene Street
City/State/Zip:Augusta Georgia 30901
and
Construction Manager
CM’s Name:Choate Construction Company
Construction
Manager’s Address:
101 W. Mulberry Blvd., Suite 200
City/State/Zip:Pooler Georgia 31322
This Contract for General Construction Management Services is executed under seal, and shall be effective
on the date signed by the last party to do so.
Attachment number 1
Page 1 of 64
Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 2 of 64
Project Name:New Fixed Base Operator (FBO) Terminal, Augusta Regional Airport
Project Address:1501 Aviation Way
Augusta, Georgia 30906
Project ID #:RFP Item #11-202
ARCHITECT AND ENGINEER:
Engineer
Firm Name:Campbell & Paris Engineers
Address:313 Wingo Way
City/State/Zip:Mt. Pleasant South Carolina 29464
Architect
Firm Name:Virgo Gambill Architects
Address:2531 Center West Parkway, Suite 200
City/State/Zip:Augusta Georgia 30909
AUTHORIZED REPRESENTATIVES:
The authorized representatives and addresses of the Owner, the Engineer, the Architect, and the Construction
Manager are:
Owner’s Representative
Name:Campbell & Paris Engineers, attention Jack Mayfield
Address:313 Wingo Way
City/State/Zip:Mt. Pleasant South Carolina 29464
Email Address:jmayfield@campbell-paris.com
Phone:843 856 9989 Cell:843.296.9747
Engineer’s Representative
Firm Name:Campbell & Paris Engineers
Name:Jack L. Mayfield, PE
Address:313 Wingo Way
City/State/Zip:Mt. Pleasant South Carolina 29464
Email Address:jmayfield@campbell-paris.com
Phone:843.856.9989 Cell:843.296.9747 Fax:843.856.0107
Architect’s Representative
Firm Name:Virgo Gambill Architects
Name:Joseph W. Gambill, Jr.
Address:2531 Center West Parkway, Suite 200
City/State/Zip:Augusta Georgia 30909
Email Address:jgambill@virgogambill.com
Phone:706.736.3661 Cell:706.373.2794 Fax:706.736.4552
Construction Manager’s Representative
Firm Name:Choate Construction Company
Name:Todd Osborne
Address:101 W. Mulberry Blvd., Suite 200
City/State/Zip:Pooler Georgia 31322
Email Address:tosborne@choateco.com
Phone:Cell:912.210.9168 Fax:912.790.0010
License #GCQA000788 FEIN#/SS#58-1851823
Attachment number 1
Page 2 of 64
Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 3 of 64
Table of Contents
Article 1 Representations
Article 2 Notices
Article 3 Definitions
Article 4 Relationship of the Parties
Article 5 Contract Documents
Article 6 Scope of Construction Manager’s Project
Article 7 Compensation for Construction Manager
Article 8 Personnel, Subcontractors, and Suppliers
Article 9 Construction Schedule
Article 10 Bonds
Article 11 Construction Manager's Duties, Obligations and Responsibilities
Article 12 Goods, Products, and Materials
Article 13 Submittals
Article 14 Construction Manager’s Quality Assurance
Article 15 Changes to the Project
Article 16 Claims and Liens
Article 17 Project Architect
Article 18 Substantial and Final Completion
Article 19 Construction Manager’s Warranties and Guaranties
Article 20 Owner’s Duties, Obligations and Responsibilities
Article 21 Liquidated Damages
Article 22 Concealed and Unforeseen Conditions
Article 23 Construction Manager’s Records
Article 24 Proprietary Documents and Confidentiality
Article 25 Insurance Requirements
Article 26 Owner’s Right to Stop Work
Article 27 Termination or Suspension of Contract
Article 28 Applicable Law and Dispute Resolution
Article 29 Damages and Remedies
Article 30 Miscellaneous Provisions
Article 31 Indemnification
Article 32 Construction Manager’s Reviews and Evaluations
Article 33 Prohibition Against Contingent Fees
Article 34 Exhibits and Attachments
Article 35 Entire Agreement
Exhibit A Scope of Services
Exhibit B Provisional Project Schedule
Exhibit C Initial List of Drawings, Specifications, and Addendums
Exhibit D Insurance
Exhibit E Asbestos-Statement of Declaration
Exhibit F Non-Collusion Affidavit
Exhibit G Authorization for Construction
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In consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable
consideration, the sufficiency of which is hereby acknowledged, the Owner and the Construction Manager agree as
follows:
The General Construction Management Services required by this Contract are to be rendered for the following
project, hereinafter identified as the "Project":
Project Name:New Fixed Base Operator (FBO) Terminal, Augusta Regional Airport
Project Address:1501 Aviation Way
Augusta, Georgia 30906
Project ID #:RFP Item #11-202
Prelim. Project
Description:
The Project will include the demolition of two existing buildings and
construction of a new FBO Terminal at the Augusta Regional Airport.
The new facility will be approximately 14,000 sq. ft.
ARTICLE 1
REPRESENTATIONS
By executing this Contract, the Construction Manager makes the following express representations to the Owner:
1.1 The Construction Manager is professionally qualified to act as the Construction Manager for the Project
and is licensed to perform Construction Management Services by all public entities having jurisdiction
over the Construction Manager and the Project;
1.2 The Construction Manager has and shall maintain all necessary licenses, permits or other
authorizations necessary to act as the Construction Manager for the Project until the Construction
Manager's duties hereunder have been fully satisfied;
1.3 The Construction Manager has become familiar with the Project Site and the local conditions under
which the Project is to be constructed;
1.4 The Construction Manager assumes full responsibility to the Owner for the negligent or willful acts and
omissions of the Construction Manager’s employees, Subcontractor’s or others employed or retained
by the Construction Manager in connection with the Project;
1.5 The Owner and Construction Manager each acknowledges that it has reviewed and familiarized itself
with this Contract for General Construction Management Services, and agrees to be bound by the
terms and conditions contained herein.
1.6 The Owner intends to cause the Project to be constructed and is engaging the Construction Manager to
perform certain labor, supervision and services and provide certain equipment, goods and materials for
the Project.
1.7 The Owner and Construction Manager each acknowledges that it will act in good faith in carrying out its
duties and obligations.
1.8 The Owner’s engagement of the Construction Manager is based upon the Construction Manager’s
representations to the Owner that it is experienced in the type of labor and services the Owner is
engaging the Construction Manager to perform; is qualified, willing and able to perform general
construction management services for the Project; and has the expertise and ability to provide general
construction management services which will meet the Owner's objectives and requirements, and which
will comply with the requirements of all governmental, public authorities and agencies having
jurisdiction over the Project.
ARTICLE 2
NOTICES
2.1 Unless otherwise provided, all notices shall be in writing and considered duly given if the original is hand
delivered; delivered by facsimile; sent by U.S. Mail, postage prepaid, or sent in a “.pdf” format via email. All
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notices shall be given to the authorized representatives at the addresses set forth above. Notices that are
hand delivered, delivered by facsimile, or sent by email shall be deemed given the next business day
following the date of delivery. Notices given by U.S. Mail shall be deemed given as of the second business
day following the date of posting.
ARTICLE 3
DEFINITIONS
The following words and phrases shall for the purposes of this Agreement have the following meanings:
3.1 Change Order - shall mean a written order to the Construction Manager executed by the Owner, and
the Engineer, after execution of this Contract, directing a change in the Project and may include a
change in the Contract Amount or the time for the Construction Manager's performance, or any
combination thereof.
3.2 Compensation - Compensation shall be the fees designated in Article 7.1 to be paid by the Owner to
the Construction Manager in connection with the performance of the Services by the Construction
Manager.
3.3 Construction Manager - The Construction Manager is the person or entity which enters into an
agreement with the Owner to perform the construction management services for the Project, including,
without limitation, the providing of labor, materials, and equipment incorporated or to be incorporated
into the Project. The term "Construction Manager" means the Construction Manager or its authorized
representative, but excludes the Owner's Representative, the Architect, and the Engineer.
3.4 Day – For the contract time, days are defined as calendar days.
3.5 Design Development Documents – The Design Development Documents are the preliminary
construction drawings and specifications prepared by the Architect and/or Engineer.
3.6 General Conditions – The General Conditions refers to the cost of non-permanent construction work
that is necessary to support subcontractors. This work can include a job-site trailer with office
equipment, communications and printing machines, tools, barricades, security fencing, signs, temporary
power, utilities, clean-up services, Site toilets or perhaps gravel for a workers parking area.
3.7 Owner - The owner is the City of Augusta.
3.8 Project – New Fixed Based Operator (FBO) Terminal
3.9 Site - The geographical location of the Project, defined by legal boundary lines, and the location
characteristics including, but not limited to, grades and lines of streets, alleys, pavements and adjoining
structures, rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, existing
buildings and improvements, and service and utility lines.
3.10 Work - Any and all construction machinery, documents, equipment, facilities, fixtures, furnishings,
goods, heat, items, labor, licenses, management, materials, permits, products, services, supervision,
supplies, systems, taxes, testing, tools, utilities, transportation, vehicles, and water, required to be
performed or supplied and/or necessary for proper execution and completion of the Project, or some
portion thereof, whether or not incorporated or to be incorporated into the Project.
ARTICLE 4
RELATIONSHIP OF THE PARTIES
4.1 The Architect and the Engineer - The performance of services by the Architect or the Engineer shall be
as consultants to the Owner to carry out the activities of Project design and construction administration
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and to provide the technical documents and supervision to achieve the Owner's Project objectives. The
Engineer will be responsible for dealing with the Construction Manager on all design and technical
matters, and will administer this Contract for General Construction Management Services. Unless
otherwise directed by the Owner, the Owner and the Construction Manager shall communicate with
each other in the first instance through the Engineer. The Owner’s instructions to the Construction
Manager will be issued through the Engineer.
The Construction Manager accepts the relationship of trust and confidence established by this
Agreement and covenants with the Owner to cooperate with the Engineer and the Architect and
exercise the Construction Manager’s skill and judgment in furthering the interests of the Owner; to
furnish efficient construction administration, management services and supervision; to furnish at all
times an adequate supply of workers and materials; and to perform the Work in an expeditious and
economical manner consistent with the Owner’s interests. The Owner agrees to furnish or approve, in a
timely manner, information requested for the performance of the Work by the Construction Manager
and to make payments to the Construction Manager in accordance with the requirements of the
Contract Documents.
4.2 Other Consultants - The Owner may provide drawings, consultation, recommendations, suggestions,
data and/or other information relating to the Project from other consultants under separate contract with
the Owner, including but not limited to: Land Surveying Consultant, Geotechnical Consultant, and/or
Materials Testing Consultant.
4.3 The Construction Manager –
4.3.1 The Construction Manager shall, in consultation with the Owner, the Architect, the Engineer,
the Owner’s Representatives, and their Subcontractors, endeavor to develop, implement and
maintain a spirit of cooperation, collegiality, and open communication among the parties so
that the goals and objectives of each are aligned, their duties are clearly understood,
potential problems are resolved promptly, and, upon completion, the Project is deemed a
success by all parties.
4.3.2 The Construction Manager shall provide the Owner with a list of the proposed key project
personnel of the Construction Manager and its Subcontractors to be assigned to the Project.
The key project personnel are defined as the Project Director/Executive Manager,
Preconstruction Manager, Senior Project Manager, Project Manager, and Superintendent.
This list shall include such information on the Construction Manager background of each of
the assigned personnel as may be requested by the Owner, through the Owner's
Representative. Such key personnel and consultants shall be satisfactory to the Owner and
shall not be changed except with the consent of the Owner unless said personnel cease to be
in the Construction Manager's (or its subcontractors, if applicable) employ.
4.3.3 AIRPORT SECURITY REQUIREMENTS/ SPECIAL IDENTIFICATION DISPLAY AREA
(SIDA) BADGES
4.3.3.1 Contractor’s employees may be required to operate in Airport secure areas.
Contractor shall be required to obtain the Airport’s Special Identification Display Area
(SIDA) badges for any employee working in the secured area. Contractor shall
comply, at its own expense, with the Transportation Security Authority (TSA) and the
Airport’s security requirements for the Airport including, but not limited to employee
training and badging. Contractor shall cooperate with the TSA and the Airport on all
security matters and shall promptly comply with any project security arrangements
established by the Airport. Compliance with such security requirements shall not
relieve Contractor of its responsibility for maintaining proper security for the above-
noted items, nor shall it be construed as limiting in any manner Contractor’s
obligation with respect to all applicable federal, state and local laws and regulations
and its duty to undertake reasonable action to establish and maintain secure
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conditions at and around the Premises and throughout the Airport. All employees
shall be properly badged and comply with all Airport safety and security rules.
4.3.3.2 To qualify for the badge, individual must be fingerprinted and have a background
investigation completed. In addition, the Airport will conduct a background inquiry
and require finger printing of all individuals who will be working on the secured side of
the Airport screening point. This may also include collection of appropriate criminal
history information, contractual and business associations and practices and
reputation in the business community for the Contractor, as well as, its employees.
4.3.3.3 Contractor consents to such an inquiry and agrees to make available to the Airport
such books and records the Airport deems necessary to conduct the review.
4.3.3.4 Contractor shall pay all costs associated with providing SIDA badges.
4.3.4 The Construction Manager understands and agrees that should the Owner's Representative
or other Consultants provide the Construction Manager with any estimating or scheduling
assistance, cost or time control recommendations or other consultation, recommendations or
suggestions, any or all such activities on the part of the Owner's Representative, Consultant,
or any other representative of the Owner shall in no way relieve the Construction Manager of
the responsibility of fulfilling its obligations and responsibilities under this Agreement.
ARTICLE 5
CONTRACT DOCUMENTS
5.1 The “Contract for General Construction Management Services” is comprised of the following
documents:
5.1.1 This Agreement, including all attached documents, exhibits A through H, and other
appendices;
5.1.2 Special conditions, if any;
5.1.3 The Request for Proposal No. 11-202 dated March 17, 2011, for Construction Manager at
Risk Services for New Fixed Based Operator (FBO) Terminal
5.1.4 The Drawings, Specifications, and all Addenda now existing or issued hereafter, (see Exhibit
C for Initial List of Drawings, Specifications and Addenda);
5.1.5 Any amendments executed by the Owner and the Construction Manager hereafter;
5.1.6 Approved Change Order(s) or field orders;
5.1.7 Statement of Non-Discrimination;
5.1.8 Conflict of Interest Form;
5.1.9 Acknowledgment of RFQ form and addenda;
5.1.10 Contractor Affidavit and Agreement for E-verify;
5.1.11 Subcontractor affidavits;
5.1.12 Non-Collusion Affidavit; and
5.1.13 Local Small Business Opportunity Program utilization and contract forms.
5.2 Documents not included or expressly contemplated in this Article 5 do not, and shall not, form any part
of this Contract for General Construction Management Services.
5.3 The Owner shall furnish the Construction Manager with 5 sets of drawings and specifications and one
CD-ROM with drawing and specification files in PDF format. Any additional copies of the Contract
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Documents required by the Construction Manager for execution of the Project shall be made by the
Construction Manager at its cost and expense from the reproducible sets, or electronic media furnished
by the Owner.
5.4 The Owner makes no representation or warranty of any nature whatsoever to the Construction
Manager concerning documents for the Project, including the plans and specifications for the Project.
The Construction Manager hereby acknowledges and represents that it has not relied, and does not
and will not rely, upon any representations or warranties by the Owner concerning such documents, as
no such representations or warranties have been or are hereby made.
5.4.1 In the event of any conflict, discrepancy, or inconsistency among any of the documents which
make up this Contract for General Construction Management Services, the following shall
control:
5.4.1.1 As between figures given on plans and scaled measurements, the figures shall
govern;
5.4.1.2 As between large-scale plans and small-scale plans, the large-scale plans shall
govern;
5.4.1.3 As between plans and specifications, the requirements of the specifications shall
govern;
5.4.1.4 As between this contract and the plans, specifications, General Conditions or
general requirements, this contract shall govern.
5.4.1.5 Shop drawings and other submittals from the Construction Manager or its
Subcontractors and Suppliers do not constitute a part of this Contract for General
Construction Management Services.
ARTICLE 6
SCOPE OF PROJECT
6.1 The Construction Manager shall provide all management, supervision, financing, goods, products, materials,
equipment, systems, labor, services, permits, licenses, construction machinery, water, heat, utilities,
transportation and any and all other facilities necessary for the proper execution and completion of the scope
of the Project in accordance with all of the terms and conditions of this Contract for General Construction
Management Services. The general nature of the scope of Project that the Construction Manager is to
complete is briefly described as follows:
6.1.1 See Exhibit A – Scope of Work.
ARTICLE 7
COMPENSATION FOR CONSTRUCTION MANAGER
7.1.1 Compensation for Pre-Construction and Construction Management Services shall be paid in accordance with
Article 7.1.2 and 7.1.5.
7.1.2 Compensation for Pre-Construction Services. The Owner shall pay, and the Construction Manager shall
accept, as full and complete payment for the Construction Manager’s timely and complete performance of
Pre-Construction Services, the Pre-Construction Services Fee of $15,000.00, portions of which will be paid
monthly upon submittal of an invoice during the Pre-Construction phase of the project.
7.1.3 Guaranteed Maximum Price. Prior to performance of Construction Management Services and in accordance
with the requirements set forth in, Exhibit A, the Construction Manager shall prepare and deliver to the
Owner, with a copy to the Engineer and Owner’s Representative, a Guaranteed Maximum Price proposal
(“GMP Proposal”) upon completion of Ninety percent (90%) of the Construction Documents.
If the GMP Proposal is accepted in accordance with Exhibit A, and Exhibit G hereto is executed by the
parties, the Owner shall issue a written notice to the Construction Manager (“Notice to Proceed”)
establishing the date construction is to commence (the “Commencement Date”). If the Owner does not
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accept the GMP Proposal for any reason, its sole obligation to the Construction Manager shall be to pay
the Pre-Construction Services Fee.
7.1.4 Compensation for Construction Management Services. The Owner shall pay, and the Construction Manager
shall accept, as full and complete payment for Construction Management Services, the Construction Price
(“the Construction Price”) which shall not exceed the Guaranteed Maximum Price (“GMP”).
7.1.5 Construction Price – Amount. The Construction Price shall include, and is limited to, the total of:
7.1.5.1 The aggregate net cost of the Construction Manager’s General Conditions (“General Conditions
Cost”), as defined in Exhibit A, not to exceed the $373,882.00 (the “General Conditions
Guaranteed Maximum Cost”);
7.1.5.2 The aggregate net cost directly paid, or to be paid, by the Construction Manager to
subcontractors pursuant to written subcontracts to perform the Work (“Subcontracts Cost”); and
7.1.5.3 The compensation for the Construction Manager’s provision of management services pursuant
to Exhibit A (“Management Fee”), which is a lump sum fee of $258,491.00.
7.1.6 Within fourteen (14) calendar days after execution of the GMP Amendment, the Construction Manager shall
prepare and present to the Owner’s Representative and the Engineer, the Construction Manager’s Cost
Loaded Schedule as described in the Specifications. The Construction Manager's Cost Loaded Schedule
shall be presented in the format, and with such detail and supporting information, specified in this Contract for
Construction Management Services. The Construction Manager shall not artificially inflate any element of its
Cost Loaded Schedule. Upon the Engineer’s acceptance, the Cost Loaded Schedule shall be used as back-
up to process and pay the Construction Manager’s requests for payment. The Cost Loaded Schedule shall
not be changed without written Change Order authorized by the Owner.
7.1.7 Within thirty (30) calendar days after receipt by the Owner of the Construction Manager’s invoice, approved,
by the Engineer, the Owner shall pay to the Construction Manager ninety percent (90%) of the total amount
approved by the Engineer, withholding the balance as retainage, unless there is a dispute about the amount
of compensation due the Construction Manager. The thirty (30) calendar days after receipt of the approved
invoice is defined as the Payment Date.
7.1.8 If any portion of the Contract Amount is determined by the application of unit prices, the number of units
contained in the Construction Manager’s Cost Loaded Schedule is an estimate only, and the compensation to
the Construction Manager shall be determined by the actual number of units incorporated in, or required by,
the Project.
7.1.9 At least every thirty (30) calendar days after commencement of performance, but no more frequently than
once a month, the Construction Manager shall submit applications for payment to the Engineer requesting
payment for labor and services rendered during the preceding thirty (30) calendar days. Each invoice shall
contain such detail and be backed up with whatever supporting information the Engineer requests and shall
at a minimum state:
7.1.9.1 The total Contract Amount;
7.1.9.2 The amount due for labor, materials and equipment incorporated into the Project; and with respect to
amounts invoiced for materials or equipment necessary for the Project and properly stored at the Site
(or elsewhere if offsite storage is approved in writing by the Owner), be accompanied by written proof
that the Owner has title to such materials or equipment and that such material and equipment is fully
insured against loss or damage;
7.1.9.3 A breakdown of the various phases or parts of the Project as related to the Contract Amount;
7.1.9.4 The value of the various phases or parts of the Project actually performed;
7.1.9.5 Previously invoiced amounts and credit for payments made; and
7.1.9.6 The total amount due, less the amount of retainage.
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Each application for payment shall also have attached such lien waivers (partial or final) and other
documentation verifying the Construction Manager’s payment to subcontractors and suppliers.
7.1.10 The Engineer will review the Construction Manager’s applications for payment, including such accompanying
data, information and schedules as the Contract for General Construction Management Services requires, to
determine the amounts due to the Construction Manager and, based upon such review, together with its
inspections of the Project, shall authorize payment by the Owner to the Construction Manager in writing.
Such authorization will constitute the Engineer’s certification to the Owner that:
7.1.10.1 The Project described in the Construction Manager’s applications for payment has progressed to
the level indicated and has been performed in accordance with the Contract for General
Construction Management Services;
7.1.10.2 All necessary and appropriate lien waivers have been submitted; and
7.1.10.3 The amount requested is currently due and owing to the Construction Manager.
7.1.11 The Engineer’s approval of the Construction Manager’s invoice shall not preclude the Owner from exercising
any of its remedies under this Contract for General Construction Management Services. In the event of a
dispute, payment shall be made on or before the Payment Date for amounts not in dispute, subject to any
reductions made by the Owner. The Owner shall have the right to refuse to make payment and, if necessary,
may demand the return of a portion or all of the amount previously paid to the Construction Manager due to:
7.1.11.1 The Construction Manager's failure to perform the work required in compliance with the
requirements of this Contract for General Construction Management Services or any other
agreement between the parties;
7.1.11.2 The Construction Manager’s failure to correctly and accurately represent the Project performed in
a payment request, or otherwise;
7.1.11.3 The Construction Manager’s performance of the Project at a rate or in a manner that, in the
Owner's opinion, is likely to result in the Project or any portion of the Project being inexcusably
delayed;
7.1.11.4 The Construction Manager’s failure to use funds previously paid the Construction Manager by the
Owner, to pay the Construction Manager’s Project-related obligations including, but not limited to,
the Construction Manager’s employees, subcontractors, material men, and suppliers;
7.1.11.5 Claims made, or likely to be made, against the Owner or its property;
7.1.11.6 Loss caused by the Construction Manager or the Construction Manager’s subcontractors, or
suppliers; or
7.1.11.7 The Construction Manager’s failure or refusal to perform any of its obligations to the Owner.
7.1.12 If after forty-five (45) calendar days from the Payment Date the Owner, without cause or basis hereunder,
fails to pay the Construction Manager any amounts then due and payable to the Construction Manager, the
Construction Manager shall have the right, in addition to all other rights and remedies contained herein, to
cease performance of Work on the Project until receipt of proper payment after first providing fourteen (14)
calendar days written notice to the Owner of its intent to cease work.
7.1.13 All prior payments, whether based on estimates or otherwise, may be corrected and adjusted in any
subsequent payment and shall be corrected and adjusted in the final payment. In the event that any invoice
contains a defect or impropriety which would prevent payment by the Payment Date, the Owner shall notify
the Construction Manager in writing of such defect or impropriety. Any disputed amounts determined by the
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Owner to be payable to the Construction Manager shall be due thirty (30) calendar days from the date that
the dispute is resolved.
7.1.14 The Construction Manager expressly warrants and guarantees to the Owner that:
7.1.14.1 Title to all goods, products, materials, equipment and systems covered by an invoice will pass to
the Owner either by incorporation into the Project, or upon receipt of payment by the Construction
Manager, whichever occurs first;
7.1.14.2 All goods, products, materials, equipment and systems covered by an invoice are free and clear of
liens, claims, security interests or encumbrances; and
7.1.14.3 No goods, products, materials, equipment or systems covered by an invoice have been acquired
by the Construction Manager, or its subcontractors or suppliers, subject to an agreement under
which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed
by the Construction Manager, or its subcontractors or suppliers.
7.1.15 The signature of the Construction Manager on any invoice constitutes the Construction Manager’s
certification to the Owner that the Construction Manager’s services listed in the invoice have progressed to
the level indicated and have been performed as required by this Contract for General Construction
Management Services; the Construction Manager has paid its subcontractors and suppliers their proportional
share of all previous payments received from the Owner; the amount requested is currently due and owing.
7.1.16 The Construction Manager shall incorporate into the Guaranteed Maximum Price Amount, and pay, all sales,
consumer, use and similar taxes for goods, products, materials, equipment and systems incorporated into the
Project which were legally required at the time of execution of this Contract for General Construction
Management Services, whether or not yet effective or merely scheduled to go into effect. The Construction
Manager shall secure, defend, protect, hold harmless, and indemnify the Owner from and against any and all
liability, loss, claims, demands, suits, costs, fees and expenses (including actual fees and expenses of
attorneys, expert witnesses, and other consultants) relating to any taxes assessed or imposed upon, incurred
by or asserted against the Owner by any taxing authority with respect to such taxes. The Construction
Manager shall cooperate with and assist the Owner in securing qualified refunds of any sales or use tax paid
by the Owner or Construction Manager on goods, products, materials, equipment or systems. Any refund
secured shall be paid to the Owner.
7.1.17 Along with its Guaranteed Maximum Price proposal, the Construction Manager shall submit a detailed
description of all assumptions and clarifications upon which the Guaranteed Maximum Price proposal is
based. That document shall include, without limitation, a complete and exhaustive description of all of the
work, services, materials, components, systems, functions, and features that are not expressly depicted in
the GMP Drawings and Specifications but which are anticipated to be required for a fully functioning facility
that will meet and support all aspects of the program and design intent, and will provide the quality,
quantities, function reflected in, or reasonably inferable from, the GMP Drawings and Specifications.
7.1.18 Upon receipt of payment from the Owner, the Construction Manager shall pay each of its subcontractors and
suppliers out of the amount received by the Construction Manager on account of such subcontractor’s or
supplier’s portion of the work, the amount to which each entity is entitled, reflecting percentages actually
retained from payments to the Construction Manager on account of such entity’s portion of the work. The
Owner shall have no obligation to pay, and shall not be responsible for payments to, the Construction
Manager’s subcontractors or suppliers. However, the Owner reserves the right, but has no duty, to make
payment jointly to the Construction Manager and to any of its subcontractors or suppliers in the event that the
Owner becomes aware that the Construction Manager fails to pay or unreasonably withholds payment from
one or more of those entities. Such joint check procedure, if employed by the Owner, shall create no rights in
favor of any person or entity beyond the right of the named payees to payment of the check and shall not be
deemed to commit the Owner to repeat the procedure in the future. As a result to these actions, the Owner
shall make notification to Surety.
7.1.19 Prior to being entitled to receive final payment, the Construction Manager must achieve Final Completion as
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described in Article 18, and subject to the following procedure:
7.1.19.1 The Construction Manager shall submit a final accounting for the Construction Price and a final
Application for Payment.
7.1.19.2 At the Owner’s election and sole discretion, the Owner’s auditors will review and report in writing
on the Construction Manager’s final accounting within 30 days after delivery of the final
accounting to the Engineer by the Construction Manager.
7.1.19.3 Based upon such Construction Price as the Owner’s auditors report to be substantiated by the
Construction Manager’s final accounting, and provided the other conditions of this Section have
been met, the Engineer will, within seven days after receipt of the written report of the Owner’s
auditors, either issue to the Owner a final certificate for Payment with a copy to the Construction
Manager, or notify the Construction Manager and Owner in writing of the Engineer’s reasons for
withholding a certificate.
7.1.19.4 In computing the amount to be certified for payment, the Engineer may subtract the shortfall, if
any, indicated by the Construction Manager in the documentation required to substantiate prior
Applications for Payment, or resulting from errors subsequently discovered by the Owner’s
auditors in such documentation.
7.1.19.5 If the Owner’s auditors report the Construction Price as substantiated by the Construction
Manager’s final accounting to be less than claimed by the Construction Manager, the
Construction Manager shall be entitled to request mediation of the disputed amount as provided
in Article 28. A request for mediation shall be made by the Construction Manager within 30 days
after the Construction Manager’s receipt of a copy of the Engineer’s final Certificate for Payment.
Failure to request mediation within this 30-day period shall result in the substantiated amount
reported by the Owner’s auditors becoming binding on the Construction Manager.
7.1.19.6 Pending a final resolution of the disputed amount, the Owner shall pay the Construction
Manager the amount certified in the Engineer’s final Certificate for Payment.
7.1.19.7 The time periods stated in this Section supersede those stated elsewhere in the Contract.
7.1.20 The Owner shall, subject to its rights set forth above in this Article, make final payment of all sums due the
Construction Manager within thirty (30) calendar days from the Engineer’s execution of a final certificate for
payment.
7.1.21 In no event shall the Construction Manager’s total compensation for satisfactorily performing all of its duties
under this Agreement exceed the GMP. If, however, upon Final Completion the Construction Price is less
than the GMP, the difference between the GMP and final Construction Price shall constitute Savings. In that
event, the Owner shall pay the Construction Manager, as additional compensation, a sum equal to thirty
percent (30%) of the Savings Amount.
ARTICLE 8
PERSONNEL, SUBCONTRACTORS, AND SUPPLIERS
8.1 One of the criteria that were used to select the Construction Manager to perform the Work under this
contract was based on the proposed personnel to be assigned to the Project. The Construction Manager
shall promptly inform the Owner in writing of any proposed replacements (before the replacements are
made), along with the reasons for, and the names and qualifications of proposed replacements. The Owner
shall have the right to reject any proposed replacement.
8.2 The Construction Manager shall not enter into any agreement with any Subcontractor or Supplier to which
the Owner raises a reasonable, timely objection; and shall promptly inform the Owner in writing of any
proposed replacements, the reasons therefore, and the name(s) and qualification(s) of proposed
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replacements (before the replacements are made). The Owner shall have the right to reject any proposed
replacement.
8.3 The Owner shall prepare and submit to the Construction Manager a list of Owner's Consultants, including
the name and general duties for each consultant, retained by the Owner to provide services with respect to
the Project. The Owner reserves the right to engage any other consultants who it may deem necessary.
8.4 The Construction Manager shall staff the Project with qualified and designated individuals and entities
responsible for its obligations and performance.
8.4.1 The Construction Manager’s Representative will serve as its primary communication contact with
the Engineer.
8.4.2 The Construction Manager shall employ persons skilled in the tasks assigned to them and shall
contract with subcontractors and suppliers skilled in the tasks assigned to them and capable of
working harmoniously with all trades, crafts and other individuals on the Project. The
Construction Manager shall use its best efforts to minimize the likelihood of any strike, work
stoppage or other labor disturbance.
8.4.3 The Construction Manager shall immediately remove from the Site, for the duration of the
Project, any person making an inappropriate religious, racial, sexual or ethnic comment,
statement or gesture toward any other individual.
8.4.4 The Construction Manager shall immediately remove from the Site, for the duration of the
Project, any person who is incompetent, careless, or not working in harmony.
8.4.5 The Construction Manager shall be responsible to the Owner for the acts and omissions of its
agents and employees, consultants, subcontractors and suppliers.
8.4.6 The Construction Manager shall make every effort to limit the eating and consumption of foods
to designated areas to avoid the infiltration of rodents and insects in the building.
8.4.7 Once the Roofing Work has been completed, the Construction Manager shall limit smoking to
areas outside the building. Smoking inside the building once the roofing is completed shall be
prohibited. If anyone is caught smoking inside the building after the roofing is completed they
may be asked to leave the premises. Repeated violations under this clause will be cause for
permanent removal of the offending personnel from the Project.
8.5 The Construction Manager shall enter into written contracts with its subcontractors and suppliers, and
those written contracts shall be consistent with this Contract for General Construction Management
Services. It is the intent of the Owner and the Construction Manager that the obligations of the
Construction Manager’s subcontractors and suppliers inure to the benefit of the Owner and the
Construction Manager, and that the Owner be a third-party beneficiary of the Construction Manager’s
agreements with its subcontractors and suppliers but expressly providing that subcontractors and suppliers
have no third-party rights or other rights against the Owner.
8.5.1 The Construction Manager shall make available to each subcontractor and supplier, prior to the
execution of written contracts with any of them, a copy of the pertinent portions of this Contract
for General Construction Management Services, including those portions of the Contract
Documents to which the subcontractor or supplier will be bound, and shall require that each
subcontractor and supplier shall similarly make copies of applicable parts of such documents
available to its respective subcontractors and suppliers.
8.5.2 The Construction Manager shall include in its written contracts with its subcontractors and
suppliers a provision which contains the acknowledgment and agreement of the subcontractor or
supplier that it has received and reviewed the applicable terms, conditions and requirements of
this Contract for General Construction Management Services that are included by reference in
its written contract with the Construction Manager, and that it will abide by those terms,
conditions and requirements. Without limitation of the foregoing, all such contracts or other
agreements shall conform to the applicable payment provisions of this Contract, and shall not be
awarded on the basis of cost plus a fee without the prior consent of the Owner. If any
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subcontract is awarded on a cost-plus a fee basis, the Construction Manager shall provide in the
subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as
the Owner receives with regard to the Construction Manager pursuant to the terms of this
Contract.
8.5.3 The Construction Manager’s written contracts with its subcontractors and suppliers shall
preserve and protect the rights of the Owner and include the acknowledgment and agreement of
each subcontractor or supplier that the Owner is a third-party beneficiary of the contract. The
Construction Manager’s agreements with its subcontractors and suppliers shall require that in
the event of default under, or termination of, this Contract for General Construction Management
Services, and upon request of the Owner, the Construction Manager’s subcontractors and
suppliers will perform services for the Owner.
8.6 The Construction Manager shall promptly resolve claims, complaints, labor disputes and disputes over
assignment of Project tasks by and among its subcontractors and suppliers.
8.7 The Construction Manager shall comply, and shall ensure that all subcontractors of any level employed to
perform any work on the Project comply, with all laws governing the eligibility of any person to work in the
United States or in the State of Georgia, as well as laws requiring the reporting of such eligibility.
8.7.1 The Construction Manager shall require each and every subcontractor employed on the Project to
certify, before it begins any work on the Project, that it is in compliance and will continue to comply
with the requirements of Section 274A of the Immigration Reform and Control Act of 1986 (8
U.S.C. § 1324a) and any applicable state or local laws with request to the hiring, recruiting, or
referral for employment of employees in the United States. The Construction Manager, on behalf
of itself and all subcontractors, shall deliver copies of such certificates to the Owner. The
Construction Manager’s failure to deliver the required certificates shall be considered a material
default under this Contract.
8.7.2 In addition to the foregoing, Construction Manager shall fully comply and shall require that all
subcontractors of any tier performing any work on the Project fully comply with O.C.G.A. 13-10-91
as well as any amendments thereto that become effective during the course of this Project,
Furthermore, the Construction Manager shall provide the Owner each affidavit or other submission
required pursuant to Sections 300-10-1 of the regulations of the Georgia Department of Labor, as
the same may be amended during the course of this Project.
8.7.3 To the fullest extent permitted by law, the Construction Manager shall indemnify, defend, and hold
harmless the Owner, Engineer, Architect, and consultants, agents and employees of each of them
from and against claims, damages, fines, penalties, punitive damages, losses and expenses,
including but not limited to attorneys’ fees, arising out of or resulting from the failure by the
Construction Manager, a subcontractor, anyone directly or indirectly employed by them or anyone
for whose acts they may be liable, to comply with any applicable contractual provision, statute,
regulation, ordinance, or other legal requirement governing the eligibility of any person work in the
United States, the verification or reporting of such eligibility, or otherwise governing the hiring,
recruiting, or referral for employment of employees.
ARTICLE 9
CONSTRUCTION SCHEDULE
9.1 The Construction Manager shall commence construction of the scope of the Project within ten (10) days
after receipt of the Notice-to-Proceed.
9.2 The Construction Manager shall accomplish Substantial Completion of the following scope:
9.2.1 Substantial Completion of Rooms 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 by February
27, 2012
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9.2.2 Substantial of the remaining rooms and spaces associated with the New FBO Building by March 2,
2012
9.3 The Construction Manager shall accomplish Final Completion of the scope of the Project by March 14,
2012.
9.4 The Construction Manager shall, within fourteen (14) calendar days following receipt of the Notice to
Proceed, submit to the Owner an Interim Project Construction Schedule (as defined in the Project
Specifications), in Critical Path Method format (or CPM), for his construction/erection scope of Project
for the first 90-days of the Project, compatible in Primavera or MS Project format. The Owner will
review the Construction Manager's Interim Project Construction Schedule to determine if it meets the
specific requirements of the Provisional Project Schedule which is defined in Exhibit B. The
Construction Manager shall, within sixty (60) calendar days following the receipt of the Notice-to-
Proceed, submit to the Owner the Project Construction Schedule (as defined in the Project
Specifications), in the same format indicated above. The Owner will review the Construction Manager's
Project Construction Schedule to determine if it meets the specific requirements of the Provisional
Project Schedule.
9.5 The Construction Schedule shall include all pertinent dates and periods for timely completion of the
Project.
9.5.1 The Construction Schedule shall include and properly coordinate dates for performance of all
divisions of the Work, including completion of off-Site requirements and tasks, so that the
Work can be completed in a timely and orderly fashion consistent with the required dates of
Substantial Completion and Final Completion.
9.5.2 The Construction Schedule shall include the date of the Notice-to-Proceed, the dates of
Substantial Completion and the date of Final Completion; any guideline and milestone dates
required by the Owner; any applicable subcontractor and supplier sub-schedules; a submittal
schedule which allows sufficient time for review of documents and submittals; the complete
sequence of construction by activity, with dates for beginning and completion of each element
of construction; and required approval dates.
9.5.3 By reviewing the Construction Schedule, the Owner, the Engineer, and Architect do not
assume any of the Construction Manager’s responsibility that the Construction Schedule be
coordinated or complete; or for timely and orderly completion by the required dates of
Substantial Completion, Final Completion and any milestone dates required by the Owner.
9.5.4 The Construction Manager shall review, on a weekly basis, the actual status of the Project
against the Construction Schedule. The Construction Manager shall discuss the status of the
Project weekly with the Engineer, so that proper overall management may be provided.
9.6 If at any time the Construction Manager anticipates that performance of the Work will be delayed or in
fact has been delayed, the Construction Manager shall immediately notify the Engineer of the probable
cause of and effect from the delay, and possible alternatives to minimize the delay; and take all
corrective actions reasonably necessary to deliver the Project by the required dates of Substantial
Completion and Final Completion, and other milestone dates required by the Owner.
9.7 The Construction Manager shall determine and promptly notify the Engineer and Owner in writing when
it believes adjustments to the required dates of Substantial Completion or Final Completion, or other
milestone dates required by the Owner, are necessary, but no such adjustments shall be effective
unless approved in writing by the Owner.
9.8 The Construction Manager may attempt to achieve Substantial Completion before the required dates of
Substantial Completion. However, such planned early completion shall be for the Construction
Manager’s sole convenience and shall not create any additional Construction Manager rights or Owner
obligations under this Contract for General Construction Management Services, nor shall it change the
required dates of Substantial Completion or Final Completion. The Owner shall not pay the
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Construction Manager any additional compensation for achievement of Substantial Completion or Final
Completion prior to the required dates nor will the Owner owe the Construction Manager any
compensation should the Owner cause the Construction Manager not to achieve Substantial
Completion earlier than the required date of Substantial Completion or Final Completion earlier than the
required date of Final Completion.
9.9 The Construction Manager may propose modifications to the required dates of Substantial Completion
or Final Completion. The Owner may, but is not required to, accept the Construction Manager’s
proposal. Modifications to the required dates of Substantial Completion or Final Completion shall be
accomplished only by duly authorized and accepted Change Order stating the new dates and
confirmation that all references in this Contract for General Construction Management Services to the
required dates of Substantial Completion or Final Completion shall thereafter refer to the dates as
modified, and all rights and obligations, including the Construction Manager’s liability for actual
damages, delay damages and liquidated damages, shall be determined in relation to the dates as
modified.
9.10 The Construction Manager shall provide documents to the Engineer for review in accordance with the
schedule requirements and with sufficient lead time to allow the Engineers reasonable time for review.
ARTICLE 10
BONDS
10.1 The Construction Manager shall provide payment and performance bonds. The amount of the
premiums for such bonds shall be included in the Construction Price. The bonds shall each be in an
amount not less than 100% of the preconstruction cost at the time of the execution of this Contract.
Upon the execution of the GMP Amendment, the penal sum of each bond shall be adjusted to 100% of
the GMP. Each bond shall:
10.1.1 Be in a form approved by the Owner;
10.1.2 Incorporate by reference the terms of this Contract For General Construction Management
Services;
10.1.3 Be executed by a company certified by the Secretary of the United States Department of
Treasury pursuant to the Act of July 30, 1947 (61 Stat. 646, as amended; 6 U.S.C. 6-13) and
listed in the most current U.S. Treasury Circular 570 document “Surety Companies
Acceptable on Federal Bonds,” as published in the Federal Register, and having a current
A.M. Best rating of "A" (Superior) with a Financial Size Category of XII or better.
10.1.4 Be executed by a company licensed and authorized to do business in the state of Georgia;
10.1.5 Be accompanied by a power of attorney certifying that the persons executing the bond have
the authority to do so.
10.2 The Construction Manager shall deliver any required bonds and powers of attorney to the Owner prior
to commencement of the Work.
10.3 The bonding company that issues the bonds must be registered with The Surety Association of America
(SAA).
10.4 The bonds shall remain in effect for a period of not less than two (2) years following the date of
Substantial Completion or the time required to resolve any items of incomplete work and payment of
any disputed amounts whichever time period is longer, or any statutory period applicable to Owner.
10.5 No surety will be accepted who is now in default or delinquent on any bonds or who is interested in any
litigation against Owner.
10.6 Each surety shall designate an agent resident in the State of Georgia to whom any requisite notices
may be delivered and on whom services of process may be had in matters arising out of such surety
provider.
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ARTICLE 11
CONSTRUCTION MANAGER'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES
11.1 The Construction Manager shall perform and complete its obligations under this Contract for General
Construction Management Services using its best skill and attention, and covenants with the Owner, to
furnish management, supervision, coordination, labor and services which expeditiously, economically
and properly completes the Work in the manner most consistent with the Owner's interests and
objectives; which comply with the Contract Documents and this Contract for General Construction
Management Services; and in accordance with the highest standards currently practiced by persons
and entities performing or providing management, supervision, coordination, labor and services on
projects similar in size, complexity and cost to this Project.
11.1.1 The Construction Manager shall not be required to provide services which constitute the
practice of architecture or engineering except as provided in the Drawings or Specifications.
11.1.2 All services rendered by the Construction Manager for the Project shall be performed by or
under the immediate supervision of persons possessing expertise in the discipline of the
service being rendered.
11.1.3 The Construction Manager shall cooperate and communicate with the Owner and all other
persons or entities as required for satisfactory completion of the Project.
11.1.4 The Construction Manager understands and acknowledges that the Project referred to in this
Contract for General Construction Management Services may be only part of the Project and
that the Project may include the construction of other structures or other construction
activities on the same Site. The Construction Manager shall conduct all its activities so as
not to interfere with the construction of, or operations within or from, other structures on the
Site.
11.1.5 The Construction Manager shall not damage, endanger, compromise or destroy any part of
the Project or the Site, including by way of example and not limitation, work being performed
by others on the Site, monuments, stakes, benchmarks and other survey points, utility
services, and existing features or structures on the Site. Should the Construction Manager
damage, compromise or destroy any part of the Project or the Site, the Construction Manager
shall be fully and exclusively responsible for and bear all costs associated therewith for any
repairs required to bring the condition back to the original state prior to when the damage
occurred.
11.2 The Construction Manager shall:
11.2.1 Comply with all applicable laws, statutes, building codes, rules, regulations and lawful orders
of all governmental, public authorities and agencies having jurisdiction over the Project;
11.2.2 Prepare and file documents required to obtain, and shall obtain, all necessary approvals and
permits, including building permits, of all governmental authorities having jurisdiction over the
Project;
11.2.3 Give all notices required of it by governmental authorities relating to the Project.
11.3 Safety shall be a prime concern of the Construction Manager at all times. The Construction Manager
shall be solely responsible for and have control over the means, methods, techniques, sequences and
procedures for coordinating and constructing the Project, including Site safety and safety precautions
and programs.
11.3.1 The Construction Manager shall, concurrently with performance, maintain detailed records of
safety related activities on the Site.
11.4 The Construction Manager shall maintain at the Site one copy of all drawings, specifications, addenda,
approved shop drawings, Change Orders, submittals, and other modifications in good order and
accurately marked depicting all changes as they occur during construction. The as-built drawings shall
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be available at all times to the Owner, the Engineer, the Architect, the Owner’s Representative, Owner’s
Consultants, and quality control and testing agency personnel. The drawings shall be neatly and
clearly marked in color during construction to record all variations made during construction, and the
Construction Manager shall include such supplementary notes and details necessary to clearly and
accurately represent as-built construction.
11.5 The Construction Manager shall not by any means:
11.5.1 Induce any person or entity employed in the construction of the Project to give up any part of
the compensation to which that person or entity is entitled;
11.5.2 Confer on any governmental, public official having any authority or influence over the Project,
any payment, loan, subscription, advance, deposit of money, services or anything of value,
present or promised;
11.5.3 Offer nor accept any bribes or kick-backs in connection with the Project from or to any
individual or entity, including any of its trade contractors, subcontractors, consultants,
suppliers or manufacturers of Project goods and materials;
11.5.4 Without the express written permission of the Owner, call for or by exclusion require or
recommend the use of any subcontractor, consultant, product, material, equipment, system,
process or procedure in which the Construction Manager has a direct or indirect proprietary
interest.
11.6 The Construction Manager shall develop and implement a quality management program to insure
quality construction. Unless otherwise specified in this Contract for General Construction Management
Services, the Owner shall select the quality control and testing agencies and pay for the cost of
specified measures and tests required by the Contract Documents. The Construction Manager shall
coordinate all tests and inspections required by the Contract Documents, and the Construction
Manager shall arrange for tests and inspections to be conducted as necessary to avoid any interference
with the progress of work. No claims for extension of time or extra costs will be allowed on account of
any testing, retesting, inspection, re-inspection, or rejection of work when defective or deficient work is
found.
11.7 The Construction Manager shall immediately notify the Engineer, both orally and in writing, of the
nature and details of all incidents which may adversely affect the quality or progress of the work
including, but not limited to, union jurisdictional disputes, accidents, delays, damages to work and other
significant occurrences.
11.8 Hazardous Materials
11.8.1 The term “Hazardous Material” means any hazardous or toxic substance, material, or waste,
which is or becomes regulated by any local governmental authority or the United States
Government. The term “Hazardous Material” includes, without limitation, any material or
substance which is (i) defined as a “hazardous waste”, “extremely hazardous waste”, or
“restricted hazardous waste” or similar term under any laws now or hereafter enacted by the
United States or the State of Georgia or any political subdivision thereof, or (ii) designated a
“hazardous substance” pursuant to the Federal Water Pollution Control Act, 33 U.S.C. § 1317, or
(iii) defined as a “hazardous waste” pursuant to the Federal Resource Conservation and
Recovery Act, 42 U.S.C.§ 6901 et seq., or (iv) defined as a “hazardous substance” pursuant to
the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601
et seq.
11.8.2 Contractor shall not cause or permit any Hazardous Material to be brought, kept or used in or
about the Airport by Contractor, its agents, employees, subcontractors, or invitees. Without
limiting the foregoing, if the presence of any Hazardous Material in the Airport caused or
permitted by Contractor results in any contamination of the Airport, Contractor shall promptly take
all actions at its sole expense as are necessary to return the Airport to the conditions existing
prior to the introduction of such Hazardous Material to the Airport; provided that Airport’s approval
of such actions, and the corrective actions to be used by Contractor in connection therewith, shall
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first be obtained.
11.8.3 The Construction Manager shall notify the Engineer and Owner immediately, both orally and in
writing, of the presence and location of any physical evidence of, or information regarding,
environmental contamination on the Site (including but not limited to Hazardous Substances and
petroleum releases) of which it becomes, or reasonably should have become, aware. If the
Construction Manager encounters environmental contamination (including but not limited to
Hazardous Substances and petroleum releases), the Construction Manager shall immediately
stop performance of work or that portion of the work affected by or affecting such contamination;
secure the contaminated area against intrusion; not disturb or remove the contamination; not
proceed, or allow any subcontractor or supplier to proceed, with any work or other activities in the
area affected by such contamination until directed to do so by the Engineer; and take any other
steps necessary to protect life and health.
11.9 The Construction Manager shall perform the work so as not to interrupt any operations of the Owner on
the Site.
11.9.1 The Construction Manager understands and acknowledges that the Owner may need access
to or use of certain areas of the Site or Project prior to the Construction Manager’s
achievement of Substantial Completion, and that such occupancy, access or use shall not
constitute the Owner's acceptance of any Project.
11.9.2 The Construction Manager shall not enter any Owner-occupied area of the Site or Project
unless first approved and scheduled by the Owner. The Construction Manager understands
and acknowledges that the Owner may incur damages if the Owner’s operations on the Site
are interrupted or impaired as a result of the work.
11.9.3 The Construction Manager shall afford the Owner's own forces, and other consultants, trade
contractors, subcontractors and suppliers, access to the Site for performance of their
activities, and shall connect and coordinate its construction and operations with theirs as
required by the Contract Documents.
11.10 The Construction Manager shall, through the Engineer, schedule and coordinate all equipment and
systems start-ups within its scope of the Project.
11.10.1 The Construction Manager shall provide the Owner with operation and maintenance manuals
and other operational documentation not less than twenty-eight (28) calendar days prior to
the required date of Substantial Completion to allow adequate time for training prior to
commissioning and the Owner’s occupancy of the Project.
11.10.2 The Construction Manager shall meet with the Owner’s personnel not less than twenty-eight
(28) calendar days prior to the required date of Substantial Completion to familiarize and train
them with respect to maintenance and use of the Project. The appropriate personnel will
attend and assist with such familiarization and training.
11.11 The Construction Manager shall resolve all questions concerning the Contract Documents with the
Engineer.
11.12 The Construction Manager shall provide water, gas and electrical services at the Site. The
Construction Manager shall be responsible for providing and paying for connections to, extensions from
and means of using these utilities. The Construction Manager will pay utility company bills for water,
gas and electrical services which is required for the Project, and which passes through the Owner's
meters, if any. The Construction Manager shall pay for water, gas and electrical services up to and
including the date of Substantial Completion.
ARTICLE 12
GOODS, PRODUCTS AND MATERIALS
12.1 The Construction Manager shall furnish goods, products, materials, equipment and systems which:
12.1.1 Comply with this Contract for General Construction Management Services;
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12.1.2 Conform to applicable specifications, descriptions, instructions, drawings, data and samples;
12.1.3 Are new (unless otherwise specified or permitted) and without apparent damage;
12.1.4 Are of quality, strength, durability, capacity or appearance equal to or higher than that
required by the Contract Documents;
12.1.5 Are free from defects; and
12.1.6 Are beyond and in addition to those required by manufacturers' or suppliers' specifications
where such additional items are required by the Contract Documents.
12.2 All goods, products, materials, equipment and systems named or described in the Contract Documents,
and all others furnished as equal thereto shall, unless specifically stated otherwise, be furnished, used,
installed, employed and protected in strict compliance with the specifications, recommendations and
instructions of the manufacturer or supplier, unless such specifications, recommendations or
instructions deviate from accepted construction practices, or the Contract Documents, in which case the
Construction Manager shall so inform the Engineer and shall proceed as directed by the Engineer,
provided that there are no additional costs associated with the directives. The Construction Manager
shall coordinate all trade contracts, and subcontracts to verify compatibility of goods, products,
materials, equipment and systems, and the validity of all warranties and guarantees, required by the
Contract Documents.
12.3 The Construction Manager shall inform the Owner of goods, products, materials, equipment or systems
which the Construction Manager knows or should have known are unsuitable or unavailable at the time
of bid submission, and claims relating to or arising out of claims that goods, products, materials,
equipment or systems are unsuitable or unavailable shall not be entertained by the Owner unless the
Construction Manager, subcontractor, or supplier notified the Owner in writing at the time of bid
submission, along with proposed alternatives. Approval by the Architect or Engineer of substitute
goods, products, materials, equipment or systems does not mean or imply final acceptance if such
items is defective or not as previously represented. Should the Construction Manager furnish any
approved goods, products, materials, equipment or systems different from or in addition to those
required by the Contract Documents which require supplemental materials or installation procedures
different from or in addition to those required for specified items, the Construction Manager shall
provide such at no increased cost to the Owner. The Construction Manager shall coordinate the work
of those subcontractors and suppliers whose work will be installed before and after the installation of
any approved alternative or substitute so that there will be no conflicts or additional work required to be
performed. The Owner will not be responsible for any costs associated with the failure of the
Construction Manager to coordinate the Work.
12.4 The Construction Manager shall provide security for the Project, until Final Completion, including but
not limited to security for its work in progress and for the goods, products, materials, equipment,
systems, construction machinery, tools, devices and other items required, used or to be used for its
scope of the work. The Construction Manager shall be responsible for selecting the type of security
that they choose to employ or use in connection with the Project.
ARTICLE 13
SUBMITTALS
13.1 The Construction Manager shall include a schedule for all anticipated submittals in the Schedule that
they prepare in accordance with Article 9. The schedule shall include the submittals required by each
section of the specifications; be in a format acceptable to the Engineer; and set forth specific dates for
submission of the listed submittals. The Construction Manager shall review and approve all submittals
prior to submission to the Engineer.
13.2 The Construction Manager shall in timely fashion review, approve if appropriate and forward submittals
to the Engineer for review and approval along with such detail and information as the Engineer
requires. No part of the Work requiring a submittal shall be fabricated or performed until such approval
has been given.
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13.3 The Engineer and the Architect are responsible to the Owner, but not to the Construction Manager, to
verify that the submittals conform to the design concept and functional requirements of the plans and
specifications, that the detailed design portrayed in shop drawings and proposed equipment and
materials shown in submittals are of the quality specified and will function properly, and that the
submittals comply with the Contract for General Construction Management Services. The Engineer or
the Architect will review and approve, reject or take other appropriate action on submittals such as shop
drawings, product data, samples and proposed equal materials or equipment and requested
substitutions within not more than fourteen (14) calendar days, and will not approve any submittals
unless such submittals conform with the Project design concept; and this Contract for General
Construction Management Services. No submittal shall be deemed to provide, substitute for, or waive
notice of any variance from the requirements of the Drawings and Specifications. The review or
approval of submittals by the Architect or the Engineer shall not constitute acceptance of materials or
equipment furnished or installed if such materials or equipment is defective or not as represented by
approved submittals or as otherwise required by the Contract Documents. The Construction Manager
remains responsible for details and accuracy, for confirming and correlating all quantities and
dimensions, for selecting fabrication processes, for techniques of assembly, and for performance of the
Work.
13.4 If either the Architect or the Engineer makes any changes to the approved submittals which will require
a change in the contract amount, the Construction Manager shall follow the change procedures
required elsewhere in this agreement, prior to performing the Work. If the Construction Manager
proceeds with the Work prior to receiving a Change Order to the Contract, the Construction Manager
waives their right to obtain further compensation for the change.
13.5 All Work shall be performed in accordance with approved submittals. Approval of submittals by the
Architect or the Engineer does not relieve the Construction Manager from complying with this Contract
for General Construction Management Services, including all plans and specifications, except as
changed by Change Order.
ARTICLE 14
CONSTRUCTION MANAGER’S QUALITY ASSURANCE
14.1 During the course of Work, the Construction Manager shall inspect and promptly reject any work which
does not conform to the Contract Documents; or which does not comply with any applicable law,
statute, building code, rule or regulation of any governmental, public authorities and agencies having
jurisdiction over the Project.
14.1.1 The Construction Manager shall promptly correct or require the correction of all rejected
work, whether observed before or after Substantial Completion and whether or not fabricated,
installed or completed. The Construction Manager shall be responsible for all costs of
correcting such work, including additional testing and inspections and compensation for all
services and expenses necessitated by such correction.
14.1.2 The Construction Manager shall be responsible for the cost of correcting destroyed or
damaged work, whether completed or partially completed, of the Owner or other trade
contractors or subcontractors caused by the Construction Manager's correction or removal of
rejected work.
14.2 If a portion of the Work has been concealed, the Construction Manager shall, if notified to do so by the
Engineer, uncover the designated portion for observation and then replace it.
14.2.1 If the designated portion of the Work was concealed contrary to the request of the Engineer,
or to requirements specifically expressed in the Contract Documents, the Construction
Manager shall receive no additional compensation for the costs of uncovering and
replacement or modification of the Construction Schedule.
14.2.2 If the designated portion of the Work was concealed prior to a specific request by the
Engineer that it remain uncovered, the Construction Manager shall receive additional
compensation for the costs of uncovering and replacement or modification of the
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Construction Schedule only if the designated portion of the Work was in conformance with
the Contract Documents.
ARTICLE 15
CHANGES TO THE PROJECT
15.1 The Construction Manager understands and agrees that this Contract for General Construction
Management Services cannot be changed except as provided herein. No act, omission or course of
dealing by the parties shall alter the requirement that modifications of this Contract can be
accomplished only by written documents signed by the parties.
15.2 One or more changes to the Project within the general scope of this Contract may be ordered by
Change Order. The Construction Manager shall proceed with any such changes, and all changes shall
be accomplished in strict accordance with the terms and conditions of Article 15.
15.2.1 With respect to such requests for changes by the Construction Manager, the Construction
Manager shall prepare and submit Change Order request to the Engineer.
15.2.2 The Construction Manager shall promptly review and respond to Change Order requests
submitted by the Engineer.
15.2.3 When requested to do so, the Construction Manager shall prepare and submit to the
Engineer drawings, specifications or other data in support of a Change Order request.
15.2.4 Each Change Order request shall include time and monetary impacts of the change.
15.3 The Owner will not be responsible for any change in the Project involving extra costs unless approval in
writing is furnished by the Owner before such Work begins. The Engineer does not have authority to
order changes to the Project that involve changes in cost or time. The Engineer, without the Owner's
prior approval, may authorize or direct the Construction Manager to make minor changes in the Project
which are consistent with the intent of the Contract Documents and which do not involve a change in
Project cost, time for construction, scope, or approved design elements, and the Construction Manager
shall promptly carry out such changes. Any such minor changes shall be implemented by written field
order and executed by the Construction Manager.
15.3.1 No act or omission shall alter the requirement that Change Orders shall be in writing and
signed by the Owner, and that Change Orders are the exclusive method for effecting any
adjustment to compensation or applicable schedules. The Construction Manager
understands and agrees, on behalf of itself and its subcontractors and suppliers, that neither
compensation nor applicable schedules can be changed by implication, oral agreement, or
unwritten Change Order.
15.4 The Owner may unilaterally direct the Construction Manager to implement changes in the Project so
long as the Work the Owner is requiring is not outside of the general scope of this Contract for General
Construction Management Services, and the Construction Manager, upon written direction from the
Owner, shall proceed with such change.
15.5 The Engineer will administer and manage all Change Order requests and Change Orders and will
prepare required drawings, specifications and other supporting data as necessary in connection with
minor changes, Change Order requests and Change Orders.
15.6 Any change in the Contract Amount resulting from a Change Order shall be determined as follows:
15.6.1 By mutual agreement between the Owner and the Construction Manager as evidenced by the
change in the Contract Amount being set forth in the Change Order, such change in the
Contract Amount, together with any conditions or requirements relating thereto, being initialed
by both parties and the Construction Manager's execution of the Change Order. If, and to the
extent, the change involves work of one or more subcontractors, the overhead and profit
component for subcontractors shall be fifteen percent (15%) and the overhead and profit
component for the Construction Manager shall be seven percent (7%) of the amount
allocable for subcontracted work. If the change involves only work of the Construction
Manager, the component for overhead and profit shall be fifteen percent (15%).
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15.6.2 If no mutual agreement occurs between the Owner and the Construction Manager, the
change in the Contract Amount, if any, shall be derived by determining the reasonable actual
costs incurred or savings achieved, resulting from revisions to the Project. Such reasonable
actual costs or savings shall include a component for overhead and profit. If, and to the
extent, the change involves work of one or more subcontractors, the overhead and profit
component for subcontractors shall be fifteen percent (15%) and the overhead and profit
component for the Construction Manager shall be seven percent (7%) of the amount
allocable for subcontracted work. If the change involves only work of the Construction
Manager, the component for overhead and profit shall be fifteen percent (15%). Any such
costs or savings shall be documented in the format and with such content and detail as the
Engineer requires.
15.6.3 The overhead and profit for any change shall be applied to the net cost of the change, after
all applicable savings and credits have been applied.
15.6.4 The overhead and profit component for any change includes the cost of bonds and
insurance.
15.6.5 By the unit prices included in Exhibit H. Payment for work provided by the unit prices will be
compensated as described in the specifications.
15.7 With respect to all Change Order requests involving credit to the Owner or additional compensation to
the Construction Manager, the Construction Manager shall obtain the best possible price quotations
from their subcontractors and suppliers; they should review such quotations to ascertain whether they
are reasonable; prepare an itemized estimate together with appropriate supporting data, including
reasonable expenditures by, and savings to, those performing the work involved in the proposed
change; and provide a reasonable price quotation to the Engineer.
15.7.1 If the Engineer determines that the Change Order requests is unreasonable, the Construction
Manager shall, in writing, justify the quotations or provide additional back-up to support the
request. If after review of the additional information the Engineer determines that the
quotation is unreasonable, the Owner may require the Project be performed on a time and
material basis along with the applications of the mark-ups indicated in Article 15.6.2.
15.8 Upon receipt of a field order or Change Order, changes in the Work shall be promptly performed. All
changes in the Work shall be performed under applicable conditions of the Contract Documents.
15.9 If there is a dispute that a change has occurred; whether a change in the Work will result in adjustment
of compensation or applicable schedules; or as to the amount of any adjustment of compensation or
applicable schedules, the change shall be carried out if the Owner so directs. The Construction
Manager shall notify the Owner in writing prior to performance of the Work which is the subject of the
dispute and the party disputing the decision of the Owner recites the reasons for its dispute in the
written notice. Failure to notify the Owner in writing shall constitute a waiver of any claim resulting from
the change.
15.10 In the event a Change Order request is approved by the Owner in the absence of an agreement as to
cost, time, or both, the Engineer will receive and maintain all documentation pertaining thereto; examine
such documentation on the Owner's behalf; take such other action as may be reasonably necessary or
as the Owner may request; and make a written recommendation to the Owner concerning any
appropriate adjustment in the Contract Amount or Construction Schedule.
15.11 The execution of a Change Order by the Construction Manager shall constitute conclusive evidence of
the Construction Manager's agreement to the ordered changes in the Work, this Contract as thus
amended, the Contract Amount and the time for performance by the Construction Manager. The
Construction Manager, by executing the Change Order, waives and forever releases any claim against
the Owner for additional time or compensation for matters relating to or arising out of or resulting from
the Work included within or affected by the executed Change Order.
15.12 The Construction Manager shall notify and obtain the consent and approval of the Construction
Manager's Surety with reference to all Change Orders if such notice, consent or approvals are required
by the Owner, the Engineer, and the Construction Manager's Surety, or by law. The Construction
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Manager's execution of the Change Order shall constitute the Construction Manager's warranty to the
Owner that the Surety has been notified of, and consents to, such Change Order and that the Surety
shall be conclusively deemed to have been notified of such Change Order and to have expressly
consented thereto.
ARTICLE 16
CLAIMS AND LIENS
16.1 The Construction Manager shall immediately notify Engineer and the Owner, both orally and in writing,
of the nature and details of any mechanics' liens, construction liens, or claims of any type made by
anyone against the Owner, the Owner’s Representative, the Engineer, the Architect, the Construction
Manager or any subcontractor or supplier of any of them or against the Project whether or not such
claims arise from the Project.
16.2 The Construction Manager shall take all action necessary to obtain the prompt discharge of any liens or
claims filed against the Project provided that the Owner has paid the Construction Manager for the work
giving rise to the lien. If any lien or claim filed against the Project is not discharged and released by the
claimant, the Construction Manager shall, within a reasonable period of time, but in no event more than
fourteen (14) calendar days after request and at its own cost, promptly obtain discharge and release of,
or indemnity for, such lien or claim by providing or filing, as appropriate, the requisite bond. If the
Construction Manager fails to have any such lien or claim discharged and released, or fails to provide
or file the requisite bond, the Owner shall have the right to pay all sums necessary to obtain such a
discharge and release, and the Construction Manager shall bear all expenses incurred by the Owner in
so doing.
16.3 Each claim against the Owner for additional compensation, additional time, or both, shall be initiated in
writing submitted to the Owner and the Engineer. Such claim shall be delivered to the Owner and the
Engineer no later than ten (10) calendar days after the event, or the first appearance of the
circumstances, causing the claim, and same shall set forth in detail all known facts and circumstances
supporting the claim.
16.4 The Construction Manager and the Owner shall continue their respective performance hereunder
regardless of the existence of any claims submitted by the Construction Manager.
16.5 In the event the Construction Manager seeks to make a claim of any kind, as a condition precedent to
any liability of the Owner, the Construction Manager shall strictly comply with the requirements of Article
16.3 above and such claim shall be made by the Construction Manager before proceeding to execute
any affected Work. Failure by the Construction Manger to provide the required notice shall constitute a
waiver by the Construction Manager of the claim.
16.6 In connection with any claim by the Construction Manager against the Owner for compensation in
excess of the Contract Amount, any liability of the Owner for the Construction Manager's cost shall be
strictly limited to direct cost incurred by the Construction Manager and shall in no event include indirect
cost or consequential damages of the Construction Manager. The Owner shall not be liable to the
Construction Manager for claims of third-parties including subcontractors, unless and until liability of the
Construction Manager has been established in a court of competent jurisdiction.
16.7 Notwithstanding anything to the contrary in the Contract Documents, an extension in the Contract time,
to the extent permitted under Section 8.3.1, is the sole remedy of the Contractor for any (1) delay in the
commencement, prosecution or completion of any Work; (2) hindrance or obstruction in the
performance of the Work; (3) loss of productivity; or (4) other similar claims (collectively referred to in
this Section as “Delays”) whether or not such Delays are foreseeable, unless such Delay is caused
solely by acts of the Owner, constituting active interference with the Contractor’s performance of the
Work, and only to the extent such acts continue after the Contractor furnishes the Owner with such
notice of such interference. In no event is the Contractor entitled to any compensation or recovery of
any damages, in connection with any Delay, including, without limitation, consequential damages, lost
opportunity costs, impact damages or other similar remuneration. The Owner’s exercise of any of its
rights or remedies under the Contract Documents (including, without limitation, ordering changes in the
Work or directing suspension, rescheduling or correction of the work), regardless of the extent or
frequency of the Owner’s exercise of such rights and remedies, must not be construed as active
interferences with the Contractor’s performance of the Work.
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16.8 The date for achieving Substantial Completion or, as applicable, final completion will not be extended
due to bad weather (excepting bad weather which precludes access to the project site) after the Project
is enclosed or for normal bad weather. The time for Substantial Completion as stated in the Contract
includes an allowance for Working days (Monday through Friday) on which the Construction Manager
agrees that he may expect to lose Working days due to bad weather, in accordance with the following
table, on Work to be performed out-of-doors.
January 10 days July 4 days
February 10 days August 2 days
March 7 days September 2 days
April 6 days October 3 days
May 4 days November 5 days
June 3 days December 9 days
At the time the Project is enclosed, if the total accumulated number of Working days lost due to weather
exceeds the total accumulated number derived from the table above, time for completion shall be
extended by such excess. No change in the Contract Amount will be authorized because of adjustment
of contract time due to weather.
ARTICLE 17
PROJECT ARCHITECT AND PROJECT ENGINEER
17.1 In the event the Owner should find it necessary or convenient to replace the Architect or the Engineer,
the Owner shall retain a replacement and the role of the replacement shall be the same as the role of
the Architect or the Engineer, as applicable. Unless otherwise directed by the Owner in writing, the
Architect and the Engineer will perform those duties and discharge those responsibilities allocated to
each in this Contract.
17.2 The duties, obligations and responsibilities of the Construction Manager under this Contract for General
Construction Management Services shall in no manner whatsoever be changed, altered, discharged,
released, or satisfied by any duty, obligation or responsibility of the Architect or the Engineer. The
Construction Manager is not a third-party beneficiary of any contract by and between the Owner, the
Engineer, and the Architect, or any of them. It is expressly acknowledged and agreed that the duties of
the Construction Manager to the Owner are independent of, and are not diminished by, any duties of
the Engineer and Architect to the Owner.
17.3 The Engineer will visit the Site with sufficient frequency for familiarization with the progress and quality
of the work and to inspect the work to determine compliance of the work with this Contract for General
Construction Management Services, including approved shop drawings and other submittals; the
Construction Schedule; and applicable laws, statutes, building codes, rules or regulations of all
governmental, public authorities and agencies having jurisdiction over the Project.
17.4 The Engineer may disapprove or reject work which does not comply with this Contract for General
Construction Management Services including approved shop drawings and other submittals; or
applicable laws, statutes, building codes, rules or regulations of any governmental, public authorities
and agencies having jurisdiction over the Project.
17.5 The Engineer will review and evaluate the results of all inspections, tests and written reports required
by this Contract for General Construction Management Services and by any governmental entity having
jurisdiction over the Project. The Engineer will take appropriate action on test results, including
acceptance, rejection, requiring additional testing or corrective Project, or such other action deemed
appropriate by the Engineer. The Engineer will promptly reject work which does not conform to and
comply with testing requirements.
17.6 The Engineer may require inspection or testing of any work in addition to that required by this Contract
for General Construction Management Services or governmental entities having jurisdiction over the
Project when such additional inspections and testing is necessary or advisable, whether or not such
work is then fabricated, installed or completed. The Engineer will take appropriate action on all such
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special testing and inspection reports, including acceptance, rejection, requiring additional testing or
corrective work, or such other action deemed appropriate by the Engineer.
17.7 The Engineer or the Architect will, when requested to do so in writing by the Construction Manager,
promptly and so as to cause no unnecessary delay, render written or graphic interpretations and
decisions necessary for the proper execution of the work. The Architect’s interpretations and decisions
relating to artistic effect shall be final if not inconsistent with this Contract for General Construction
Management Services.
17.8 The Engineer will review applications for payment, including such accompanying data, information and
schedules as the Contract requires, to determine the amounts due to the Construction Manager and
shall authorize payment to the Construction Manager in writing to the Owner. After the Project is
determined to be finally complete and the Engineer determines that the Construction Manager has
completed the Project, the Engineer will determine whether the Construction Manager is entitled to final
payment, and if so will so certify to the Owner in writing.
ARTICLE 18
SUBSTANTIAL AND FINAL COMPLETION
18.1 Substantial Completion of the Project shall be defined to have occurred when a Certificate of
Substantial Completion has been issued by the Engineer, and the required documentation has been
produced for each Substantial Completion scope.
18.2 When the Construction Manager believes that the Project is substantially complete, the Construction
Manager shall notify the Engineer that the Project is ready for a Substantial Completion Inspection.
18.3 Prior to the Substantial Completion Inspection, the Construction Manager shall prepare and furnish to
the Engineer a letter requesting a Substantial Completion Inspection, which at a minimum must:
18.3.1 Provide a blank line for entry of the date of Substantial Completion. The date of Substantial
Completion will fix the commencement date of warranties and guaranties and allocate
between the Owner and the Construction Manager responsibility for security, utilities,
damage to the work and insurance;
18.3.2 Include a list of items to be completed or corrected and state the time within which the listed
items will be completed or corrected, along with the cost to complete each item;
18.3.3 Provide signature lines for the Owner, the Construction Manager and the Engineer.
18.4 Upon receipt of notification from the Construction Manager, the Engineer will coordinate with the
Owner’s Representative, their Consultants, and the Construction Manager on a date for inspection of
the Project to determine whether the Project is substantially complete.
18.5 During the inspection to determine whether the Project is substantially complete, the Engineer will:
18.5.1 Inspect the Project;
18.5.2 Provide a list of items to be completed or corrected;
18.5.3 Determine, in consultation with the Owner’s Representative, whether Substantial Completion
of the Project has occurred.
18.6 If the Project is determined not to be substantially complete, the Construction Manager shall continue
working until the Project is substantially complete and the inspection process shall be repeated at no
additional cost to the Owner until the Project is determined to be substantially complete.
18.7 On or prior to the required date of Substantial Completion, the Construction Manager shall deliver to the
Engineer keys, permits, the certificate of occupancy, and other necessary and customary documents
and items required for the Owner’s occupancy and use of the Project for its intended purpose. The
Engineer will obtain and review Substantial Completion documentation and items, and will inform the
Construction Manager of any deficiencies.
18.8 When the Owner, the Construction Manager and the Engineer agree that the Project is substantially
complete, and the Construction Manager has produced the required Substantial Completion
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documentation, they shall sign the Certificate of Substantial Completion stating that the Project is
substantially complete and establishing the actual date of Substantial Completion. The Certificate of
Substantial Completion shall also include a list of and timeline for the completion of the items needing
completion and correction.
18.9 Final Completion of the Project shall be deemed to have occurred when the Project passes a Final
Completion Inspection, and when the Construction Manager has produced all required close-out
documentation and items. Final Completion shall not be deemed to have occurred and no final
payment shall be due the Construction Manager or any of its subcontractors or suppliers until the
Project has passed the Final Completion Inspection and all required Final Completion close-out
documentation and items have been submitted to the Engineer by the Construction Manager.
18.10 When the Construction Manager believes that the Project is finally complete, the Construction Manager
shall notify the Engineer that the Project is ready for a Final Completion Inspection.
18.11 Upon receipt of such notification from the Construction Manager, the Engineer will coordinate with the
Owner’s Representative and the Construction Manager and schedule a date for inspection of the
Project to determine whether the Project is finally complete.
18.12 At the Final Completion Inspection to determine whether the Project is finally complete, the Engineer
will:
18.12.1 Inspect the Project;
18.12.2 Determine whether all items on the list included with the Certificate of Substantial Completion
have been satisfactorily completed and corrected;
18.12.3 Determine whether the completed Project complies with this Contract for General
Construction Management Services; and all applicable laws, statutes, building codes, rules or
regulations of all governmental, public authorities and agencies having jurisdiction over the
Project.
18.12.4 The Engineer shall determine whether the required inspections and approvals by the local
building officials having jurisdiction over the Project have been satisfactorily completed; and
determine, in consultation with the Owner’s Representative, whether the Project is finally
complete.
18.13 If the Project is not finally complete, the Construction Manager shall continue to work to complete the
Project, and the inspection process shall be repeated at no additional cost to the Owner, until the
Project is finally complete.
18.14 On or prior to the date of Final Completion, the Construction Manager shall deliver to the Engineer the
following Final Completion close-out documentation and items:
18.14.1 All operating, maintenance, and instruction manuals not previously produced during
Substantial Completion and required maintenance stocks;
18.14.2 Two (2) sets of as-built drawings and markups;
18.14.3 Certification and affidavit that all insurance required of the Construction Manager beyond final
payment, if any, is in effect and will not be canceled or allowed to expire without notice to the
Owner;
18.14.4 Written consent of the surety to release final payment;
18.14.5 Full, final and unconditional waivers of mechanics or construction liens, releases of
Construction Manager’s trust fund or similar claims, and release of security interests or
encumbrances on the Project property from each contractor, subcontractor, supplier or other
person or entity who has, or might have a claim against the Owner or the Owner's property;
18.14.6 Full, final and unconditional certification and affidavit that all of the Construction Manager’s
obligations to contractors, subcontractors, suppliers and other third parties for payment for
labor, materials or equipment related to the Project have been paid or otherwise satisfied;
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18.14.7 All written warranties and guarantees relating to the labor, goods, products, materials,
equipment and systems incorporated into the Project, endorsed, countersigned, and
assigned as necessary;
18.14.8 All affidavits, releases, bonds, waivers, permits and other documents necessary for final
close-out of Project;
18.14.9 A list of any items due but unable to be delivered and the reason for non-delivery;
18.14.10 Any other documents reasonably and customarily required or expressly required herein for
full and final close-out of the Project.
18.15 The Engineer will review and determine the sufficiency of all Final Completion close-out documentation
and items required for Final Completion which are submitted by the Construction Manager, and will
immediately inform the Construction Manager about any deficiencies and omissions.
ARTICLE 19
CONSTRUCTION MANAGER’S WARRANTIES AND GUARANTEES
19.1 In addition to the warranties and guarantees set forth elsewhere in this Contract for General
Construction Management Services, the Construction Manager, upon request by the Owner or the
Engineer, shall promptly correct all failures or defects in the Project for a period of one (1) year after the
actual date of Substantial Completion.
19.1.1 The Construction Manager shall schedule, coordinate and participate in a walk-through
inspection of the Project one month prior to the expiration of the one-year warranty period,
and shall notify the Owner’s Representative, the Engineer, and any required subcontractors
and suppliers of the date of, and request their participation in, the walk-through inspection.
The purpose of the walk-through inspection will be to determine if there are any defects or
failures which require correction.
19.1.2 Should the Construction Manager fail to promptly correct any failure or defect, the Owner
may take whatever actions it deems necessary to remedy the failure or defect and the
Construction Manager shall promptly reimburse the Owner for any expenses or damages it
incurs as a result of the Construction Manager 's failure to correct the failure or defect.
19.2 In addition to the warranties and guarantees set forth elsewhere herein, the Construction Manager
expressly warrants and guarantees to the Owner:
19.2.1 That the Work complies with the Contract Documents; and all applicable laws, statutes,
building codes, rules and regulations of all governmental, public authorities and agencies
having jurisdiction over the Project.
19.2.2 That all goods, products, materials, equipment and systems incorporated into the Project
conform to applicable specifications, descriptions, instructions, drawings, data and samples
and shall be and are new (unless otherwise specified or permitted) and without apparent
damage or defect; of quality equal to or higher than that required by the Contract Documents;
19.2.3 That all management, supervision, labor and services required for the Project shall comply
with this Contract for General Construction Management Services and shall be and are
performed in a good workmanlike manner.
19.3 The Construction Manager shall require that all of its subcontractors and suppliers provide written
warranties, and guarantees to the Owner and the Construction Manager, in a form identical to the
warranties, and guarantees required in the Contract for General Construction Management Services,
including the warranties, and guarantees required in this Article. Standard warranties and guarantees
provided by the material or product manufacturer will be acceptable provided that they comply with the
requirements in Article 19.
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19.4 The warranties and guarantees required in this Article shall be in addition to all other warranties,
express, implied or statutory, and shall survive the Owner’s payment, acceptance, inspection of or
failure to inspect the Project, and review of the Contract Documents.
19.5 Nothing contained in Article 19.1, shall be construed to establish a period of limitation with respect to
the Construction Manager’s obligations under this Contract for General Construction Management
Services. Paragraph 19.1 relates only to the Construction Manager’s specific obligations with respect
to the Project, and has no relationship to the time within which the Construction Manager’s contractual
obligations under this Contract for General Construction Management Services may be enforced, nor to
the time within which proceedings may be commenced to establish the Construction Manager's liability
with respect to any contractual obligations pursuant to Article 19.1or contained elsewhere herein.
19.6 Unless otherwise specified, all of the Construction Manager’s warranty and guaranty obligations,
including the time periods for all written warranties and guarantees of specifically designated equipment
required by the Construction Documents, shall begin on the actual date of Substantial Completion.
ARTICLE 20
OWNER’S DUTIES, OBLIGATIONS AND RESPONSIBILITIES
20.1 The Owner shall timely compensate the Construction Manager in accordance with this Contract for
General Construction Management Services.
20.2 Unless otherwise required to be provided by the Construction Manager in its scope of services, the
Owner shall secure and pay for all Project testing.
20.3 The Owner shall review documents prepared by the Construction Manager in a timely manner and in
accordance with schedule requirements. Review by the Owner shall be solely for the purpose of
determining whether such documents are generally consistent with the Owner's intent. No review of
such documents shall relieve the Construction Manager of any of its responsibilities.
20.4 The Owner shall not have control or charge of construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Project, nor shall the
Construction Manager, for any of the foregoing purposes, be deemed the agent of the Owner.
20.5 If required for the Project, the Owner shall furnish a certified land survey of the Site, giving as
applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way,
restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the Site;
locations, dimensions and data pertaining to existing buildings, other improvements and trees; and full
information concerning available service and utility lines, both public and private, above and below
grade, including inverts and depths.
20.6 The Owner shall pay for the services of a soils engineer or other consultants, when such services are
deemed necessary by the Engineer or Owner's Representative, to provide reports, test borings, test
pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity
tests and other necessary operations for determining subsoil, air and water conditions, with appropriate
Engineer interpretations thereof. This does not relieve the Construction Manager of the responsibility
for providing the testing required in the Contract Documents.
20.7 The Owner shall pay for structural, mechanical, chemical and other laboratory tests, inspections and
reports as required by law that are not otherwise called for in this Agreement.
20.8 The Owner shall furnish such legal, accounting, and insurance counseling services as the Owner may
deem necessary for the Project and such auditing services as may be required to ascertain how, or for
what purposes, the Construction Manager has used the moneys paid to it under the Construction
Contract.
20.9 All services, information, surveys and reports required of the Owner shall be furnished at the Owner's
expense and the Construction Manager shall be entitled to rely upon their accuracy and completeness.
20.10 The Owner shall furnish information and approvals required of it expeditiously, for orderly progress of
the Work.
20.11 If it is customary for the Construction Manager to obtain any permits and/or licenses, the Owner shall
pay for and the Construction Manager shall request, expedite, and obtain all necessary permits,
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licenses, approvals, easements, assessments, and charges required for the construction, use or
occupancy of permanent structures or for permanent changes in any existing facilities. If it is not
customary for the Construction Manager to obtain any permits and/or licenses, then the Engineer shall
coordinate this on behalf of the Owner.
20.12 The Owner shall provide the Construction Manager with all written and tangible material in its
possession concerning conditions below ground at the Site.
20.13 If the Project involves an existing structure, the Owner shall provide the Construction Manager with all
available as-built drawings, record drawings, plans, specifications and structure system information with
respect to such structure.
20.14 The Owner will provide the Construction Manager with the Provisional Project Schedule of pertinent
Project dates and key milestone dates in Exhibit B.
ARTICLE 21
LIQUIDATED DAMAGES
21.1 The parties hereto mutually understand and agree that time is of the essence in the performance of this
Contract for General Construction Management Services, and that the Owner will incur damages if the
Project is not completed on time. The Construction Manager shall at all times carry out its duties and
responsibilities as expeditiously as possible and shall begin, perform and complete its services so that
the Project progresses in accordance with the Construction Schedule; the Project is substantially
completed by the required date of Substantial Completion; and the Project is finally complete by the
date of Final Completion.
21.2 The parties hereto mutually understand and agree that the Owner will sustain substantial monetary and
other damages in the event of a failure or delay by the Construction Manager in the completion of the
Project.
21.2.1 If the Construction Manager inexcusably fails to achieve Substantial Completion and Final
Completion by the required dates of Substantial Completion and Final Completion as
established and previously set forth in this Contract for General Construction Management
Services, the Construction Manager shall pay to the Owner, as liquidated damages for delay
and not as a penalty, the daily amount of $1,000.00 for each and every day beginning March
15, 2012 until Substantial Completion and Final Completion. This liquidated damages
provision shall apply and remain in full force and effect in the event that the Construction
Manager is terminated by Owner for default and shall apply until Substantial Completion has
been achieved by any completing Construction Manager.
21.3 Not used.
21.4 If the Construction Manager is delayed at any time in the progress or performance of the Project by acts
or omissions of the Owner or Architect; major changes ordered by the Owner in the scope of Project;
fire; unusual delays in transportation; adverse unusual weather conditions not reasonably anticipated by
the Construction Manager; unavoidable casualties; causes beyond the Construction Manager's control
which the Owner agrees in writing are justifiable; or any other cause which the Owner determines may
justify the delay, the Construction Schedule shall be extended for a period equal to the length of such
delay, but only if such delay is not in any way caused by default or collusion on the part of the
Construction Manager or by any cause which the Construction Manager could reasonably control or
circumvent; the Construction Manager would have otherwise been able to timely perform all of its
obligations under this Contract for General Construction Management Services but for such delay; and
immediately but not later than seven (7) calendar days after the beginning of any such delay the
Construction Manager gives notice of its delay claim to the Owner.
21.5 If the Owner believes that the date of Substantial Completion will be inexcusably delayed; or that the
Construction Manager will fail to achieve Final Completion by the date of Final Completion, the Owner
shall be entitled, but not required, to withhold from any amounts otherwise due the Construction
Manager the daily amount specified for liquidated damages in this Article for each calendar day of the
unexcused delay.
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21.5.1 If and when the Construction Manager overcomes the delay in timely achieving Substantial
Completion or Final Completion, or any part thereof, for which the Owner has withheld
payment, the Owner shall promptly release to the Construction Manager those funds
withheld, but no longer applicable, as liquidated damages.
21.5.2 Delay caused by labor disputes, picketing, employee boycotts, or the like which directly or
indirectly involves employees of the Construction Manager or its subcontractors and suppliers
is not the responsibility of the Owner and will result in time extensions only if agreed to in
writing by the Owner at the time such events occur, and any such modifications to the
schedule will be done at no additional expense to the Owner.
ARTICLE 22
CONCEALED AND UNFORESEEN CONDITIONS
22.1 If the Construction Manager encounters concealed and unforeseen conditions of an unusual nature
which affect the performance of the Project; or the conditions vary from those indicated by the Contract
Documents; and such conditions are not ordinarily found to exist or differ materially from those
generally recognized as inherent in Project of the character provided by the Construction Manager, the
Construction Manager shall promptly, but in no event later than three (3) calendar days after first
observance of the conditions, notify the Architect before conditions are disturbed and give the Architect
the opportunity to observe the condition in its undisturbed state.
22.1.1 The conditions will be promptly investigated and, if they differ substantially and cause a
material increase or decrease in the Construction Manager’s cost of, or time required for,
performance of the Work, compensation or time for performance or both will be equitably
adjusted.
22.1.2 All adjustments in compensation or extensions of time shall be by Change Order. Change
Order requests must be made within fourteen (14) calendar days from the date of observation
of the changed conditions.
22.2 The Construction Manager's failure to notify the Architect as provided in this Article shall constitute a
waiver of any claim arising out of or relating to such concealed or unknown condition.
ARTICLE 23
CONSTRUCTION MANAGER’S RECORDS
23.1 The Construction Manager shall, concurrently with performance of its services, prepare substantiating
records regarding services rendered and goods furnished.
23.2 The Construction Manager shall retain in its records copies of all written communications; memoranda
of verbal communications; accounting records (including original estimates and estimating sheets,
purchase orders and invoices); job site notes; daily logs; reports; notices; all subcontract files (including
proposals of successful and unsuccessful bidders); Change Order files (including documentation
covering negotiated settlements); written policies and procedures, records necessary to evaluate and
verify direct and indirect costs (including by way of example overhead allocations, payroll records, time
sheets, rental receipts, fixed asset records); and other documents such as plans, specifications,
submittals, correspondence, minutes, memoranda, tape recordings, videos, accounting records,
documents reflecting the unit price of construction and other writings or things which document the
work, its design, its cost, and its construction.
23.2.1 The Construction Manager’s accounting and control systems shall be satisfactory to the
Owner.
23.2.2 The Owner and the Owner’s auditors shall, during regular business hours and upon
reasonable notice, be afforded access to, and shall be permitted to audit and copy, the
Construction Manager’s records and accounts, including complete documentation supporting
accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts,
Subcontractor’s proposals, purchase orders, vouchers, memoranda and other data relating to
this Contract.
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23.2.3 The Construction Manager shall maintain substantiating records for seven (7) years after the
date of Final Completion or for any longer period of time as may be required by law or good
construction practice. If the Construction Manager receives notification of a dispute or the
commencement of litigation regarding the Project within this seven-year period, the
Construction Manager shall continue to maintain all Project records until final resolution of the
dispute or litigation.
23.2.4 The Construction Manager shall, upon seven (7) days request from the Owner, secure from
its subcontractors and suppliers copies of the documents indicated in Article 23.2.
23.2.5 Upon the request of the Owner, the Construction Manager shall make its records available
during normal business hours to the Owner, its authorized representative(s) or to any state,
federal or other regulatory authority. Any such authority, the Owner and its authorized
representative(s) shall be entitled to inspect, examine, review and copy the Construction
Manager’s records at the copying party’s reasonable expense, within adequate Project space
at the Construction Manager’s facilities. Failure by the Construction Manager to supply
substantiating records from itself and its subcontractors and suppliers upon the request of the
Owner shall be reason to exclude the related costs from amounts which might otherwise be
payable by the Owner pursuant to this Contract for General Construction Management
Services.
ARTICLE 24
PROPRIETARY DOCUMENTS AND CONFIDENTIALITY
24.1 All information, documents, and electronic media furnished by the Owner to the Construction Manager
belong to the Owner; are considered proprietary and confidential; are furnished solely for use on the
Owner’s Project; shall be kept confidential by the Construction Manager; and shall not be used by the
Construction Manager on any other project or in connection with any other person or entity, unless
disclosure or use thereof in connection with any matter other than services rendered to the Owner
hereunder is specifically authorized in writing by the Owner in advance. The Owner hereby grants to
the Construction Manager a limited license to use and reproduce applicable portions of the Contract
Documents necessary for execution of the Project. All copies made under this license shall bear the
statutory copyright notice, if any, shown on the documents.
24.2 All information, documents, and electronic media prepared by or on behalf of the Construction Manager
for the Project are the sole property of the Owner free of any retention rights of the Construction
Manager. The Construction Manager hereby grants to the Owner an unconditional right to use, for any
purpose whatsoever, any information, documents or electronic media prepared by or on behalf of the
Construction Manager for the Project, free of any copyright claims, trade secrets or other proprietary
rights with respect to such documents.
24.3 The Construction Manager shall not disclose any information it receives from the Owner to any other
person or entity except to the extent necessary to allow it to perform its duties under this Contract for
General Construction Management Services.
24.4 Because it is difficult to separate proprietary and confidential information from that which is not, the
Construction Manager shall instruct its employees and agents to regard all information which is not in
the public domain as information which is proprietary and confidential.
24.5 Submission or distribution of documents to meet official regulatory requirements or for other required
purposes in connection with the Project is not to be construed as publication in derogation of the
Owner's common law copyrights or other reserved rights.
ARTICLE 25
INSURANCE REQUIREMENTS
25.1 The Construction Manager shall provide the Insurance as described in Exhibit D
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ARTICLE 26
OWNER’S RIGHT TO STOP WORK
26.1 If the Construction Manager fails or refuses to perform or fails to correct defective work as required, or
persistently fails to carry out the Work in accordance with the Contract for General Construction
Management Services, the Owner may, by written notice, order the Construction Manager to cease and
desist in performing the Work or any portion of the Work until the cause for the order has been
eliminated to the satisfaction of the Owner. Upon receipt of such instruction, the Construction Manager
shall immediately cease and desist as instructed by the Owner and shall not proceed further until the
cause for the Owner’s order has been corrected, no longer exists, or the Owner instructs that the work
may resume.
26.1.1 The Construction Manager shall not be entitled to an adjustment in the time for performance
or the Contract Amount under this clause since such stoppages are considered to be the fault
of the Construction Manager.
26.1.2 The right of the Owner to stop work shall not give rise to a duty on the part of the Owner to
exercise this right for the benefit of the Construction Manager or others.
26.1.3 In the event the Owner issues instructions to cease and desist, and in the further event that
the Construction Manager fails and refuses with seven (7) calendar days to provide adequate
assurance to the Owner that the cause of such instructions will be eliminated or corrected,
then the Owner shall have the right, but not the obligation, to carry out the work or any portion
of the work with its own forces, or with the forces of another Construction Manager, and the
Construction Manager shall be responsible for the cost of performing such Work by the
Owner.
26.1.4 The rights set forth herein are in addition to, and without prejudice to, any other rights or
remedies the Owner may have against the Construction Manager.
ARTICLE 27
TERMINATION OR SUSPENSION OF CONTRACT
27.1 The Owner may terminate this Contract for General Construction Management Services for cause if the
Construction Manager materially breaches this Contract for General Construction Management
Services, including without limitation by:
27.1.1 Refusing, failing or being unable to properly manage or perform work on the Project;
27.1.2 Refusing, failing or being unable to supply the Project with sufficient numbers of workers,
properly skilled workers, proper materials, or maintain applicable schedules;
27.1.3 Refusing, failing or being unable to make prompt payment to subcontractors or suppliers;
27.1.4 Disregarding laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction over the Project;
27.1.5 Refusing, failing or being unable to substantially perform in accordance with the terms of the
Contract for General Construction Management Services as determined by the Owner, or as
otherwise defined elsewhere herein;
27.1.6 Refusing, failing or being unable to substantially perform in accordance with the terms of any
other agreement between the Owner and Construction Manager.
27.2 Upon the occurrence of any of the events described in Paragraph 27.1, the Owner may give written
notice to the Construction Manager setting forth the nature of the default and requesting cure within
seven (7) calendar days from the date of the notice. At any time thereafter, if the Construction Manager
fails to initiate the cure or if the Construction Manager fails to expeditiously continue such cure until
complete, the Owner may give written notice to the Construction Manager of immediate termination,
and the Owner, without prejudice to any other rights or remedies, may take any or all of the following
actions:
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27.2.1 Complete all or any part of the Project, including supplying workers, material and equipment
which the Owner deems expedient to complete the Project;
27.2.2 Contract with others to complete all or any part of the Project, including supplying workers,
material and equipment which the Owner deems expedient to complete the Project;
27.2.3 Take such other action as is necessary to correct such failure;
27.2.4 Take possession of all materials, tools, construction equipment and machinery on the Site
owned or leased by the Construction Manager;
27.2.5 Directly pay the Construction Manager’s subcontractors and suppliers compensation due to
them from the Construction Manager;
27.2.6 Finish the Project by whatever method the Owner may deem expedient;
27.2.7 Require the Construction Manager to assign the Construction Manager’s right, title and
interest in any or all of Construction Manager’s subcontracts or orders to the Owner.
27.3 If the Owner terminates the Contract for General Construction Management Services for cause, and the
Owner takes possession of all materials, tools, construction equipment and machinery on the Site
owned or leased by the Construction Manager, the Construction Manager’s compensation shall be
increased by fair payment, either by purchase or rental at the election of the Owner, for any materials,
tools, construction equipment and machinery items retained, subject to the Owner’s right to recover
from the Construction Manager the Owner’s damages resulting from the termination.
27.4 If the Owner terminates this Contract for General Construction Management Services for cause, and it
is subsequently determined by a court of competent jurisdiction that such termination was without
cause, then in such event, said termination shall be deemed a termination for convenience as set forth
in Paragraph 27.6.
27.5 The Construction Manager may terminate this Contract for General Construction Management Services
for cause if the Owner materially breaches this Contract for General Construction Management
Services by:
27.5.1 Refusing, failing or being unable to make prompt payment to the Construction Manager
without just cause;
27.5.2 Disregarding laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction over the Project; or refusing, failing or being unable to substantially perform in
accordance with the terms of this Contract for General Construction Management Services or
any other agreement between the Owner and the Construction Manager.
27.5.3 Upon the occurrence of any of the events described in Paragraph 27.5, the Construction
Manager may give written notice to the Owner setting forth the nature of the default and
requesting cure within seven (7) calendar days from the date of notice. If the Owner fails to
cure the default within seven (7) calendar days, the Construction Manager, without prejudice
to any rights or remedies, may give written notice to the Owner of immediate termination.
27.6 The Owner may at any time give written notice to the Construction Manager terminating this Contract
for General Construction Management Services or suspending the Project, in whole or in part, for the
Owner’s convenience and without cause. If the Owner suspends the Project for its convenience, the
Construction Manager shall immediately reduce its staff, services and outstanding commitments in
order to minimize the cost of suspension.
27.7 If this Contract For Construction is terminated by the Construction Manager pursuant to Paragraph
27.5; terminated by the Owner pursuant to Paragraph 27.6; or suspended more than three months by
the Owner pursuant to Paragraph 27.6, the Owner shall pay the Construction Manager specified
amounts due for work actually performed prior to the effective termination date and reasonable costs
associated with termination. The Owner may agree to additional compensation, if any, due to the
Construction Manager. Absent agreement on the additional amount due the Construction Manager, the
Owner shall pay the Construction Manager:
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27.7.1 Reasonable costs incurred in preparing to perform the terminated portion of the Project, and
in terminating the Construction Manager's performance, plus a fair and reasonable allowance
for overhead and profit thereon (such profit shall not include anticipated profit or
consequential damages); provided, however, that if it appears that the Construction Manager
would not have profited or would have sustained a loss if the Project had been completed, no
profit shall be allowed or included, and the amount of compensation shall be reduced to
reflect the anticipated rates of loss, if any;
27.7.2 Reasonable costs of settling and paying claims arising out of the termination of subcontracts
or supplier orders. These costs shall not include amounts paid in accordance with other
provisions hereof.
27.8 If this Contract for General Construction Management Services is terminated by the Owner for cause
pursuant to Paragraph 27.1, no further payment shall be made to the Construction Manager until Final
Completion of the Project. At such time, the Construction Manager shall be paid the remainder of the
Contract Amount less all costs and damages incurred by the Owner as a result of the default of the
Construction Manager, including liquidated damages applicable thereto. The Construction Manager
shall reimburse the Owner for any additional costs or expenses incurred.
27.9 Irrespective of the reason for termination or the party terminating, the total sum paid to the Construction
Manager shall not exceed the Contract Amount, as properly adjusted, reduced by the amount of
payments previously made and penalties or deductions incurred pursuant to any other provision of this
Contract for General Construction Management Services, and shall in no event include duplication of
payment.
27.10 Irrespective of the reason for termination or the party terminating, if this Contract for General
Construction Management Services is terminated, the Construction Manager shall, unless notified
otherwise by the Owner:
27.10.1 Immediately stop work;
27.10.2 Terminate outstanding orders and subcontracts;
27.10.3 Settle the liabilities and claims arising out of the termination of subcontracts and orders;
27.10.4 Transfer title and deliver to the Owner such completed or partially completed work, and, if
paid for by the Owner, materials, equipment, parts, fixtures, information and such contract
rights as the Construction Manager has.
27.11 The right to terminate or suspend the Project shall not give rise to a duty on the part of either
the Owner or the Construction Manager to exercise that right for the benefit of the Owner, the
Construction Manager or any other persons or entities.
27.12 If the Construction Manager fails to file a claim within one (1) year from the effective date of
termination, the Owner shall pay the Construction Manager only for services actually
performed and expenses actually incurred prior to the effective termination date.
ARTICLE 28
APPLICABLE LAW AND DISPUTE RESOLUTION
28.1 This Contract for General Construction Management Services shall be deemed to be entered into in
and shall be interpreted under the laws of the state of Georgia.
28.2 Except as expressly prohibited by law:
28.2.1 All legal actions hereunder shall be conducted only in Superior Court of Richmond County
and having subject matter jurisdiction over the matter in controversy; except that any final
judgment may be enforced in other jurisdictions in any manner provided by law;
28.2.2 The choice of jurisdiction and venue described in the preceding paragraph shall be
mandatory and not permissive in nature, thereby precluding the possibility of litigation or trial
in any jurisdiction or venue other than that specified herein;
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28.2.3 The parties waive any right to assert the doctrine of forum non conveniens or to object to
venue.
28.3 In case of any dispute, claim, question or disagreement arising from or relating to the Project or arising
out of this Contract for General Construction Management Services or the breach thereof, the parties
shall first attempt resolution through mutual discussion.
28.4 If the parties cannot resolve any dispute, claim, question, or disagreement arising from or relating to the
Project or arising out of this Contract for General Construction Management Services or the breach
thereof through mutual discussion, as a condition precedent to any litigation, the parties shall in good
faith participate in private, non-binding facilitative mediation seeking a just and equitable solution
satisfactory to all parties.
28.4.1 All parties to mediation shall promptly provide all other parties to the mediation with copies of
essential documentation relevant to the support or defense of the matter being mediated.
28.4.2 The parties shall not be required to mediate for a period greater than ninety (90) calendar
days unless otherwise agreed to in writing by the parties. The parties shall share equally any
administrative costs and fees of such proceedings, but shall each be responsible for their
own expenses otherwise incurred.
28.4.3 In the event that the statute of limitations would run during the required mediation period,
either party may institute litigation so as to avoid the running of such statute upon the
condition that such party immediately seek a stay of such litigation pending the conclusion of
the mediation period.
28.4.4 During the course of mediation, any party to the mediation may apply for injunctive relief from
any court of competent jurisdiction until the mediation period expires or the dispute is
otherwise resolved.
28.4.5 The Owner, the Engineer, the Architect, the Construction Manager, and any other parties
involved in any way in the design or construction of the Project are bound, each to each
other, by this requirement to mediate prior to commencement of any litigation, provided that
they have signed this Contract for General Construction Management Services or an
agreement that incorporates this Contract for General Construction Management Services by
reference or signed any other agreement which binds them to mediate. Each such party
agrees that it may be joined as an additional party to a mediation involving other parties
under any such agreement. In the case where more than one mediation is begun under any
such agreement and any party contends that the mediations are substantially related, the
mediations may be conducted by the mediator selected in the first mediation which was
commenced.
28.5 Neither party to this Contract for General Construction Management Services shall enter into any
contract with regard to the Project which directly or indirectly gives the right to resolve any dispute with,
involving, or affecting the other to any other person or legal entity which is in conflict with the dispute
resolution procedures required by this Article.
28.6 In case of a dispute relating to the Project, or arising out of this Contract for General Construction
Management Services, no party to this Contract for General Construction Management Services shall
be required to participate in or be bound by, any mediation proceedings.
28.7 The Owner and the Construction Manager agree that pending the resolution of any dispute,
controversy, or question, the Owner and the Construction Manager shall each continue to perform their
respective obligations without interruption or delay, and the Construction Manager shall not stop or
delay the performance of the Project.
ARTICLE 29
DAMAGES AND REMEDIES
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29.1 The Construction Manager shall, at its expense, promptly correct, repair, or replace all goods, products,
materials, systems, labor and services which do not comply with the warranties and guarantees set
forth in this Contract for General Construction Management Services, or any other applicable warranty
or guarantee.
29.2 The Construction Manager shall promptly reimburse the Owner for any expenses or damages incurred
by the Owner as a result of the Construction Manager's failure to substantially perform the Work in
accordance with the terms of this Contract for General Construction Management Services; breach of
the warranties and guarantees set forth in this Contract for General Construction Management Services
or any other applicable warranty or guarantee; or other deficiencies or omissions of the Construction
Manager.
29.3 The Owner's selection of one or more remedies for breach of this Contract for General Construction
Management Services contained herein shall not limit the Owner's right to invoke any other remedy
available to the Owner under this Contract for General Construction Management Services or by law.
29.4 The Construction Manager shall not be entitled to, and hereby waives any monetary claims for or
damages arising from or related to, lost profits, lost business opportunities, unabsorbed overhead or
any indirect consequential damages.
29.5 The Owner is entitled to interest on all amounts due from the Construction Manager that remain unpaid
thirty (30) days after the amount is deemed due, whether as a result of a resolution of a dispute or
otherwise. Any such interest shall be calculated by the same method as set forth in Article 7.13.
ARTICLE 30
MISCELLANEOUS PROVISIONS
30.1 This Contract for General Construction Management Services represents the entire and integrated
agreement between the Owner and the Construction Manager, and supersedes all prior negotiations,
representations or agreements, either written or oral, for the Project. This Contract for General
Construction Management Services may be amended only by written instruments signed by both the
Owner and the Construction Manager, and is subject to such reasonable modifications as may be
required by the Owner's lenders or insurers.
30.2 If any provision of this Contract for General Construction Management Services, or the application
thereof, is determined to be invalid or unenforceable, the remainder of that provision and all other
provisions shall remain valid and enforceable.
30.3 No provision of this Contract for General Construction Management Services may be waived except by
written agreement of the parties. A waiver of any provision on one occasion shall not be deemed a
waiver of that provision on any subsequent occasion, unless specifically stated in writing. A waiver of
any provision shall not affect or alter the remaining provisions of this Contract for General Construction
Management Services.
30.4 No failure of the Owner to insist upon strict compliance by the Construction Manager with any provision
of this Contract for General Construction Management Services shall operate to release, discharge,
modify, change or affect any of the Construction Manager’s obligations.
30.5 This Contract for General Construction Management Services shall inure solely to the benefit of the
parties hereto and their successors and assigns, and, except as otherwise specifically provided in this
Contract for General Construction Management Services, nothing contained in this Contract for General
Construction Management Services is intended to or shall create a contractual relationship with, or any
rights or cause of action in favor of, any third party against either the Owner or the Construction
Manager.
30.6 All provisions of this Contract for General Construction Management Services which contain continuing
obligations shall survive its expiration or termination.
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30.7 The Construction Manager shall not assign any or all of its benefits or executory obligations under this
Contract for General Construction Management Services without the approval of the Owner, except in
case of assignment to a wholly owned subsidiary.
30.8 Whenever renderings, photographs of renderings, photographs of models, photographs, drawings,
announcements, or other illustration or information of the Project are released for public information,
advertisement or publicity, appropriate and proper credit for architectural and other services shall be
given to the Engineer and Owner respectively and shall not be released without prior permission of the
Owner.
30.9 The payment of any sums by the Owner shall not constitute a waiver of any claims for damages by the
Owner for any breach of the Agreement by the Construction Manager.
30.10 Except where specifically stated otherwise, all periods of time stated in terms of days shall be
considered periods calculated in calendar days.
30.11 The headings or captions within this Agreement shall be deemed set forth in the manner presented for
the purposes of reference only and shall not control or otherwise affect the information set forth therein
or interpretation thereof.
30.12 For the purpose of this Agreement unless the context clearly indicates otherwise, the singular includes
the plural, and the plural includes the singular.
30.13 This Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, and the counterparts shall constitute one and the same instrument, which shall be sufficient
evidence by any one thereof.
30.14 Non-discrimination. The Contractor shall not discriminate against any employee, or applicant for
employment, because of race, creed, religion, color, sex or national origin, marital status, physical
handicap or sexual orientation. Further, Contractor agrees, for itself, its personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, that (1) no person on the
grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of,
or be otherwise subjected to discrimination in the use Airport, (2) in the furnishing of services at Airport,
no person on the grounds of race, color, or national origin shall be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination, and (3) Contractor shall use Airport
facilities in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152 and Title
VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation, and as such Title and Regulations may be
amended.
ARTICLE 31
INDEMNIFICATION
31.1 Notwithstanding anything to the contrary contained herein, the Construction Manager shall indemnify
and hold harmless the Owner, the Owner’s Representative, the Board of Commissioners, the Aviation
Commissioners, elected officials their agents, and employees from and against all claims, damages,
losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the
Construction Manager's performance or failure to perform its obligations under this Agreement or from
any claim, damage, loss or expense attributable to bodily injury, sickness, disease or death, or to injury
to or destruction of personal and/or real property including the loss of use resulting therefrom and
caused by any negligent act or omission of the Construction Manager, anyone directly or indirectly
employed by the Construction Manager or anyone for whose acts the Construction Manager may be
liable. 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 Article.
31.1.1 To the fullest extent permitted by law, the Construction Manager, for itself and for its
subcontractors and suppliers, and the respective agents, employees and servants of each,
expressly waives any and all immunity or damage limitation provisions available to any agent,
employee or servant under any Workers or Workmen's compensation acts, disability benefit
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acts or other employee benefit acts, to the extent such statutory or case law would otherwise
limit the amount recoverable by the Owner or the Owner’s Related Parties pursuant to the
indemnification provision contained in the paragraph above.
31.2 Except as otherwise set forth in this Agreement, the Construction Manager, the Engineer, the Architect,
the Owner’s Representative, and the Owner shall not be liable to each other for any delays in the
performance of their respective obligations and responsibilities under this Agreement which arise from
causes beyond their control and without their fault or negligence, including but not limited to, any of the
following events or occurrences: fire, flood, earthquake, epidemic, atmospheric condition of unusual
severity, war, and strikes. The Owner shall not be liable to the Construction Manager for acts or
failures to act by the Architect or the Engineer.
31.3 To the fullest extent permitted by law, the Construction Manager shall defend, protect, hold harmless,
and indemnify the Owner, the Owner’s Representative, and the other Owner Consultant’s from and
against any and all liability, loss, claims, demands, suits, costs, fees and expenses (including actual
fees and expenses of attorneys, expert witnesses, and other consultants), by whomsoever brought or
alleged, for infringement of patent rights, copyrights, or other intellectual property rights, except with
respect to designs, processes or products of a particular manufacturer expressly required by the Owner
or Engineer in writing. If the Construction Manager has reason to believe the use of a required design,
process or product is an infringement of a patent, the Construction Manager shall be responsible for
such loss unless such information is promptly given to the Owner.
ARTICLE 32
CONSTRUCTION MANAGER’S REVIEWS AND EVALUATIONS
32.1 The Construction Manager acknowledges its continuing duty to review and evaluate the Contract
Documents during the performance of its services and shall immediately notify the Engineer about any
problems, conflicts, defects, deficiencies, inconsistencies or omissions it discovers in or between the
Contract Documents; and variances it discovers between the Contract Documents and applicable laws,
statutes, building codes, rules and regulations.
32.2 If the Construction Manager performs any work which it knows involves a recognized problem, conflict,
defect, deficiency, inconsistency or omission in the Contract Documents; or a variance between the
Contract Documents and requirements of applicable laws, statutes, building codes, rules and
regulations, without notifying the Engineer and prior to receiving written authorization from the Engineer
to proceed, the Construction Manager shall be responsible for the consequences of such performance.
32.3 Before ordering any materials or doing any Project, the Construction Manager and Subcontractors shall
verify all measurements at the Site and shall be responsible for the correctness of same. Any
discrepancies shall be reported in writing to the Engineer prior to proceeding with the work. No extra
charge or compensation will be considered due to differences between actual measurements and
dimensions indicated on drawings, if such differences do not result in a change in the scope of work or
if the Engineer failed to receive written notice before the work was performed.
32.4 Prior to signing this Contract for General Construction Management Services, the Construction
Manager has:
32.4.1 Visited the Site and become familiar with local conditions under which the Project is to be
constructed and operated;
32.4.2 Reviewed and familiarized itself with the Site survey and any existing structures on the Site,
and gathered all other information necessary for a full understanding of the Project;
32.4.3 Reviewed all available as-built and record drawings, plans and specifications )if applicable);
32.4.4 Thoroughly inspected the on-site conditions, including structures and other features to be
modified or remodeled, prior to submission of bid, but in all events prior to signing this
Contract for General Construction Management Services.
32.5 Claims resulting from the Construction Manager’s failure to familiarize itself with the Site or pertinent
documents shall be deemed waived.
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ARTICLE 33
PROHIBITION AGAINST CONTINGENT FEES
33.1 The Construction Manager by execution of this Contract warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for it, to solicit or secure this
Contract and that he has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for him, any fees, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Contract.
ARTICLE 34
EXHIBITS AND ATTACHMENTS
34.1 Attached hereto and incorporated herein as part of this Contract are Exhibit A – Scope of Work, Exhibit
B – Provisional Project Schedule, Exhibit C – Initial List of Drawings, Specifications, and Addendums,
Exhibit D – Insurance, Exhibit E – Asbestos-Statement of Declaration, Exhibit F – Non Collusion
Affidavit, and Exhibit G – Authorization for Construction, Exhibit H – Unit Prices.
ARTICLE 25
ENTIRE AGREEMENT
35.1 This Agreement and its Exhibits and Attachments represent the entire and integrated agreement
between the Owner and the Construction Manager and it supersedes all prior communications,
discussions, negotiations, understandings, representations or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both Owner and Construction
Manager
In witness whereof, each individual executing this agreement acknowledges that he/she/it is authorized to execute
this agreement and further acknowledges the execution of this agreement on the date signed below.
Owner:Construction Manager:
CITY OF AUGUSTA, GEORGIA CHOATE CONSTRUCTION COMPANY
By:
(Signature)(Seal)(Signature)(Seal)
(Name)(Name)
(Title)(Title)
530 Greene Street 101 Mulberry Blvd., Suite 200
(Street Address – No PO Box)(Street Address – No PO Box)
Augusta, Georgia 30901 Pooler, Georgia 31322
(City, State, Zip)(City, State, Zip)
Date of Signature Date of Signature
Attachment number 1
Page 40 of 64
Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 41 of 64
Exhibit A
Scope of Work
The scope of work includes the following:
General:Provide Construction Management Services to construct the new FBO Building Trade, Exhibit and
Event Center for the Owner, including but not limited to:
A. Pre-Construction Services
a. Construction Documents Review.
i. The Construction Manager is required, in accordance with the schedule requirements, to Review
Construction Documents and other information.
ii. The Construction Manager shall, in accordance with schedule requirements, review applicable
Construction Schedule(s), the estimate of Total Project Construction Cost, the cost of local utilities,
fees for permits and licenses, any modifications necessitated by local conditions, other information
necessary for a full understanding of the Project, and the review Construction Documents. The
Construction Manager shall:
1. examine the review Construction Documents for clarity, adequacy of detail, consistency,
accuracy and completeness;
2. identify conflicts, omissions or overlaps in the proposed divisions of the Work, evaluate the
completeness of intended bid categories, and identify unusual design details affecting
construction cost and schedules;
3. apply established value engineering principles and practices to reduce the cost of the Project;
4. identify factors with the potential to impact the Construction Schedule such as materials with
long lead time, the unavailability of required labor, and other factors and make suggestions
for acceptable alternatives;
5. recommend proposed modifications or alternatives to the review Construction Documents
based on its evaluation and review;
6. notify the Owner and the Engineer in writing of any variances between the Construction
Documents and applicable laws, statutes, building codes, rules and regulations of which it is
aware; and
7. notify the Owner and the Engineer in writing of all problems, conflicts, defects or deficiencies
in the review Construction Documents of which it is aware.
iii. The Construction Manager shall, in accordance with schedule requirements, assist the Architect and
the Engineer with the resolution of all problems, conflicts, defects or deficiencies identified during the
review and evaluation of the review Construction Documents.
iv. Upon completion of the examination of the review of the 90% Construction Documents, the CM is
required, in accordance with schedule requirements, to prepare and submit a 90% Construction
Documents estimate of Total Project Construction Cost.
b. Planning And Scheduling:
i. Construction Schedule. The Construction Manager understands and acknowledges the Owner's
intent that the Project will be complete by the dates of Substantial Completion. The Construction
Manager shall timely prepare and submit the Construction Schedule for the Owner's review and
approval. The Construction Schedule shall complement, and shall not conflict with, the Design
Schedule.
ii. The Construction Manager shall establish and timely submit for Owner review:
1. Project cost control procedures;
Attachment number 1
Page 41 of 64
Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 42 of 64
2. Project reporting procedures;
3. Project Manual;
4. Quality Management Program;
5. Local Small Business Participation Plan; and
6. Staffing Plan for the Construction period.
c. Guaranteed Maximum Price Proposal.
i. Guaranteed Maximum Price Proposal. The Construction Manager shall prepare and deliver to the
Owner, with copies to the Engineer, a Guaranteed Maximum Price (“GMP”) proposal. The
Construction Manager shall, at a minimum, include in the GMP proposal:
1. a recital of the specific Construction Documents, including drawings, specifications, and all
addenda thereto, used in preparation of the GMP proposal;
2. the estimated Subcontracts Cost, detailed by each subcontract, and trade or bid division,;
and
3. a description of all other inclusions to or exclusions from the GMP;
a. all assumptions and clarifications;
b. the proposed dates of Substantial Completion upon which the GMP is based;
c. an outline of preliminary Construction Schedule showing proposed start and finish dates
of major components of construction; and
d. the date by which the GMP proposal must be accepted by the Owner.
d. General Conditions Cost. The General Conditions Costs for which the Construction Manager may be paid
pursuant to this Agreement shall be limited to the amounts actually and reasonably incurred and paid by the
Construction Manager in the interest of the Project, and in performance of Services and the Work. For the
purposes of this contract, the General Conditions costs are based on the construction duration of 11 months
beginning May 1, 2011. Preconstruction services will begin concurrent with the construction phase. Items
that are included within the General Conditions Costs for which the Construction Manager is entitled to no
additional compensation include, without limitation:
i. Wages and salaries of the Construction Manager’s supervisory, technical, administrative and clerical
personnel engaged in supervision and management of the Work on or off the Project Site;
ii. Cost of fringe benefits, contributions, assessments and taxes, including for example such items as
Unemployment Compensation and Social Security, to the extent that such cost is required by law and
is based on the compensation paid to the Construction Manager’s employees;
iii. Costs, including transportation and storage, installation, maintenance, dismantling and removal of
materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned
by construction workers, that are provided by the Construction Manager at the Site and fully
consumed in the performance of the Work; and cost (less salvage value) of such items if not fully
consumed, whether sold to others or retained by the Construction Manager. Cost for items previously
used by the Construction Manager shall mean fair market value;
iv. Costs incurred to provide Site safety and security, including temporary stairs, ladders, barricades, fire
extinguishers, Site security fences, perimeter protection, first aid, etc.
v. Costs of removal of debris from the Site, etc.;
vi. Costs of document reproduction including bid sets, facsimile transmissions and long-distance
telephone calls, postage and parcel delivery charges, telephone service at the Site and reasonable
petty cash expenses of the Site office, etc.;
Attachment number 1
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Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
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vii. That portion of the reasonable expenses of the Construction Manager’s personnel incurred while
traveling in discharge of duties directly connected with the Work;
viii. That portion of insurance (GL and Auto), Builders Risk, and Performance & Payment bond premiums
that can be directly attributed to this Contract for Construction are required. Premiums shall be net of
trade discounts, volume discounts, dividends and other adjustments;
ix. Fees and assessments for the building permit and for other permits, licenses and inspections for
which the Construction Manager is required by this Contract to pay;
x. Data processing costs directly related to the Work; however, these costs shall not include any
hardware, software, or CADD costs unless approved by the Owner in writing;
xi. Expenses incurred in accordance with the Construction Manager’s standard personnel policy for
relocation and temporary living allowances of personnel required for the Work, if approved by the
Owner;
xii. The cost of obtaining and using all utility services (electric, gas, water, sewer,, etc.) required for the
Work, etc.;
xiii. Cost of temporary use of permanent equipment;
xiv. The cost of crossing or protecting any public utility, if required, and as directed by the Owner;
xv. All reasonable costs and expenditures necessary for the operation of the Site office, such as
stationary, supplies, blueprinting, furniture, fixtures, office equipment and field computer services,
provided that quantity and rates are subject to Owner’s prior written approval;
xvi. The cost of secure off-site storage space or facilities approved in advance by Owner;
xvii. Rental charges for temporary facilities, and for machinery, equipment, and tools not customarily
owned by construction workers; however any rental charge shall not exceed the purchase price of
such facilities, machinery, equipment or tools;
xviii. Costs for Site surveys, field engineering, clean-up (daily and final), etc.;
xix. Other expenses or charges properly incurred and paid in the prosecution of the Work, with the prior
written approval of the Owner.
xx. General Conditions’ costs will be included in the Guaranteed Maximum Price (GMP).
e. Management Fee. Items within the Management Fee for which the Construction Manager is entitled to no
additional compensation include, without limitation:
i. direct costs incurred with the exception of those specifically enumerated compensable as a General
Conditions Cost or a Subcontracts Cost;
ii. the cost of Construction Manager’s home or branch office employees or consultants not at the Project
Site;
iii. non-field office (home and branch office) operational expenses such as telegrams, telephone service
and long-distance and zone telephone charges, postage, office supplies, expressage, and other
similar expenses;
iv. data-processing costs indirectly related to the Work; including hardware, software, and CAD costs;
v. cost of all non-project specific insurance;
vi. all general operating expenses;
vii. all capital expenses, including any interest;
viii. all sales, use or similar taxes related to the Project imposed by any governmental authority on the
Construction Manager's services and non-reimbursable costs;
ix. any costs which would cause the Construction Price to exceed the GMP; and
Attachment number 1
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Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
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x. any costs or expenses incurred by the Construction Manager, not included in the General Conditions
Cost, for provision of management services necessary to complete the Project in an expeditious and
economical manner consistent with this Contract For Construction and the best interests of the
Owner.
f. The Construction Manager acknowledges that the Construction Documents may be incomplete at the time the
Construction Manager delivers the GMP proposal, and that the Construction Documents may not be
completed until after commencement of the Work. Nevertheless, the GMP proposal shall include payment for
Work required by the completed Construction Documents, and if the GMP proposal is accepted by the Owner,
the Construction Manager shall be entitled to no increase in the GMP if the Work required by the completed
Construction Documents:
i. is required by this Contract For Construction,
ii. is reasonably inferable from the incomplete documents,
iii. is consistent with the Owner’s stated goals and program objectives,
iv. is consistent with general industry standards for completion of the Work,
v. is not a substantial enlargement of the scope of Work portrayed by the incomplete documents, or
vi. substantially conforms to the nature, type, kind or quality of Work depicted in the incomplete
documents.
g. If the GMP proposal is unacceptable to the Owner, the Owner shall promptly so notify the Construction
Manager in writing. Within fourteen calendar days of such notification, the Owner, Professional(s) and
Construction Manager shall meet to discuss and resolve any differences, inconsistencies, or
misunderstandings and to negotiate recommended adjustments to the Work and/or to the GMP.
h. The Owner may, at its sole discretion and based upon its sole judgment,
i. indicate its acceptance of a GMP proposal; or
ii. reject a GMP proposal, in which case the Owner may terminate the Project or proceed to construct
the Project using a party or parties other than the Construction Manager.
i. If the Owner rejects a GMP proposal, neither party shall have any further obligation pursuant to the Contract
for General Construction Management Services.
j. If the Owner accepts a GMP proposal, the parties shall complete and execute the Exhibit G – Authorization
for Construction, and the Owner shall issue a written notice to the Construction Manager (“Notice To
Proceed”) establishing the date construction is to commence (the “Commencement Date”). The Construction
Manager shall not expend any monies for construction prior to receipt of such Notice to Proceed without the
written approval of the Owner.
k. Price Guarantees.
i. Upon execution of Exhibit G, the Construction Manager guarantees that the Construction Price shall
not exceed the GMP. All costs or expenses that would cause the Construction Price to exceed the
GMP shall be borne by the Construction Manager unless adjusted by Change Order.
ii. Upon execution of Exhibit G, the Construction Manager guarantees that the General Conditions Cost
shall not exceed the General Conditions Guaranteed-Maximum Cost and that all costs or expenses
that would cause the General Conditions Cost to exceed the General Conditions Guaranteed-
Maximum Cost shall be borne by the Construction Manager unless adjusted by Change Order.
iii. Upon execution of Exhibit G, the Construction Manager guarantees that,
1. unless adjusted by Change Order, the final cost to the Owner of each individual subcontract,
trade or bid division shall not exceed the sum total of the estimated cost for that subcontract,
trade or bid division as set forth in the GMP; and
Attachment number 1
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Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 45 of 64
2. the cost of any subcontract, trade or bid division exceeding the sum total of the estimated for
that subcontract, trade or bid division shall be borne by the Construction Manager unless
adjusted by Change Order
B. Construction Services
a. Bidding and Negotiation.
i. With the Engineer’s assistance, the Construction Manager shall prepare and assemble document
packets for use in bidding or negotiating the Subcontracts Cost.
ii. The Construction Manager shall develop subcontractor and supplier interest for each division of the
Work and shall pre-qualify proposed subcontractors using a pre-qualification form approved by the
Owner and Engineer.
iii. The Construction Manager shall:
1. submit to the Engineer the proposed list of subcontractors and review and evaluate
information received from the Engineer regarding proposed subcontractors; and
2. evaluate the technical competence of all pre-qualified subcontractors.
iv. The Construction Manager shall negotiate or competitively bid each trade category only by invitation
to pre-qualified subcontractors. In the event a subcontractor does not meet a pre-qualification
requirement, the Construction Manager in its best judgment may, with the Owner's prior approval, still
allow the subcontractor to bid. The Construction Manager shall obtain a minimum of 5 subcontractors
for each specification section with a value over $25,000.
v. The Construction Manager shall review the subcontract breakdowns utilized in the GMP and use its
best efforts to obtain bids which are less than the final GMP estimates.
vi. The Construction Manager shall conduct bid openings in the presence of the Owner’s
Representative. The Construction Manager shall communicate bid results to the Owner and the
Engineer, and to no other persons or entities.
vii. The Construction Manager shall, for each subcontract, trade or bid division:
1. determine the final bid amounts,
2. prepare and furnish to the Owner a bid tabulation which includes by subcontract, trade and/or
bid division, the applicable final GMP estimate and the related final bid amount;
3. identify to the Owner in writing the subcontractors to which the Construction Manager
recommends award of subcontracts; and
4. award and enter into a subcontract between itself and each subcontractor which it has
recommended, unless otherwise notified by the Owner.
b. Construction Supervision.
i. Commencing with the award of the first subcontract and terminating on the date of Final Completion,
the Construction Manager shall provide the following services:
1. The Construction Manager shall supervise and direct the Work at the Site. The Construction
Manager shall, at a minimum, staff the Project Site with personnel who shall:
a. Supervise and coordinate the Construction Manager's personnel and act as its primary
liaison with the Owner and the Owner's Consultant(s);
b. Coordinate trade contractors and suppliers, and supervise Site construction management
services;
c. Be familiar with all trade divisions and trade contractors’ scopes of Work, all applicable
building codes, the Construction Documents, and this Contract;
d. Check and review shop drawings and materials delivered to the Site, regularly review the
Work to determine its compliance with the Construction Documents and this Contract,
Attachment number 1
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Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 46 of 64
periodically confer with the appropriate Owner's consultant(s) to assure acceptable levels
of quality; and
e. Prepare and maintain Project records, process documents, and staff the Site field office.
2. The Construction Manager shall promptly reject any Work which does not conform to the
Construction Documents or which does not comply with any applicable law, statute, building
code, rule or regulation of any public authority or agency of which it is aware. The
Construction Manager shall immediately notify the Engineer(s) and the Owner in writing when
it has rejected any Work.
3. The Construction Manager shall comply with and cause its subcontractors and suppliers to
comply with the Project Construction Schedule and applicable sub-schedules. The
Construction Manager shall obtain and review schedules from subcontractors and suppliers,
coordinate sub-schedules with the Construction Schedule, and enforce compliance with the
all applicable schedules to insure timely completion of the Work. If at any time a Project is
delayed, the Construction Manager shall immediately notify the Owner of the probable
cause(s) and possible alternatives, and make recommendations to minimize expense to the
Owner.
4. The Engineer will visit the Project Site at intervals appropriate to the stage of construction
and with sufficient frequency to familiarize itself with the progress and quality of the Work and
to inspect the Work. The Construction Manager shall request that the Engineer visit the Site
at additional times as the Construction Manager deems necessary to attend meetings,
inspect the Work, and render interpretations regarding the Work necessary for the proper
execution of the Work. The Engineer’s interpretations and decisions shall be final regarding
the Construction Documents and the Work.
c. Construction Manager's On-Site Facilities.
i. Commencing at the date of Commencement and terminating on the date of Final Completion, the
Construction Manager shall provide a Site field office and toilet facilities at the Project Site.
1. The field office facilities shall be large enough to accommodate required meetings and shall
include office furnishings and equipment such as desks, telephones, computers, copiers and
other similar office equipment.
2. The Construction Manager shall maintain in the Site field office, on a current basis, all
necessary Construction Documents, schedules, shop drawings, product data, samples,
purchase orders, maintenance manuals and instructions, daily logs, correspondence,
memoranda, and all other Project related documents.
3. The Construction Manager shall provide temporary toilets at the Site for all workers for the
duration of the construction period.
4. The Construction Manager shall provide in the field office a workstation with phone and web
access for the Owner’s Representative, included in the GMP.
Attachment number 1
Page 46 of 64
Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 47 of 64
Exhibit B
Provisional Project Schedule
Attachment number 1
Page 47 of 64
Item # 20
ID Task Name Duration Start Finish
1 Team Selection 88 days Mon 3/7/11 Wed 7/6/11
2 Bid Date 0 days Fri 6/17/11 Fri 6/17/11
3 Commission Approval - Letter of Intent 5 days Thu 6/23/11 Wed 6/29/11
4 Prepare and Execute Precon Contract 5 days Thu 6/30/11 Wed 7/6/11
5 Issue Notice to Proceed 0 days Wed 7/6/11 Wed 7/6/11
6 Design 57 days Mon 3/7/11 Tue 5/24/11
15 Preconstruction 40 days Mon 4/11/11 Fri 6/3/11
24 Permitting Activities 48 days Mon 4/11/11 Wed 6/15/11
25 LDP 6 wks Mon 4/11/11 Fri 5/20/11
26 Demolition Permit 2 wks Mon 4/11/11 Fri 4/22/11
27 Building Permit 4 wks Thu 5/19/11 Wed 6/15/11
28 Long Lead Procurement 66 days Thu 6/30/11 Thu 9/29/11
29 Structural Steel 32 days Thu 6/30/11 Fri 8/12/11
30 Buyout 1 day Thu 6/30/11 Thu 6/30/11
31 Prepare Submittals 2 wks Fri 7/1/11 Thu 7/14/11
32 Approve Submittals 1 day Fri 7/15/11 Fri 7/15/11
33 Fabrication 4 wks Mon 7/18/11 Fri 8/12/11
34 Aluminum Doors and Window 66 days Thu 6/30/11 Thu 9/29/11
35 Buyout 1 day Thu 6/30/11 Thu 6/30/11
36 Prepare Submittals 4 wks Fri 7/1/11 Thu 7/28/11
37 Approve Submittals 1 wk Fri 7/29/11 Thu 8/4/11
38 Fabrication 8 wks Fri 8/5/11 Thu 9/29/11
39 Wood Doors, Frames, Hardware 46 days Thu 6/30/11 Thu 9/1/11
40 Buyout 1 day Thu 6/30/11 Thu 6/30/11
41 Prepare Submittals 2 wks Fri 7/1/11 Thu 7/14/11
42 Approve Submittals 1 wk Fri 7/15/11 Thu 7/21/11
43 Fabrication 6 wks Fri 7/22/11 Thu 9/1/11
44 Trusses 37 days Thu 6/30/11 Fri 8/19/11
45 Buyout 2 days Thu 6/30/11 Fri 7/1/11
46 Prepare Submittals 2 wks Mon 7/4/11 Fri 7/15/11
47 Approve Submittals 1 wk Mon 7/18/11 Fri 7/22/11
48 Fabrication 4 wks Mon 7/25/11 Fri 8/19/11
49 HVAC 57 days Thu 6/30/11 Fri 9/16/11
50 Buyout 2 days Thu 6/30/11 Fri 7/1/11
51 Prepare Submittals 3 wks Mon 7/4/11 Fri 7/22/11
52 Approve Submittals 2 wks Mon 7/25/11 Fri 8/5/11
53 Fabrication 6 wks Mon 8/8/11 Fri 9/16/11
54 Electrical 66 days Thu 6/30/11 Thu 9/29/11
55 Buyout 1 day Thu 6/30/11 Thu 6/30/11
56 Prepare Submittals 3 wks Fri 7/1/11 Thu 7/21/11
57 Approve Submittals 2 wks Fri 7/22/11 Thu 8/4/11
58 Fabrication 8 wks Fri 8/5/11 Thu 9/29/11
59 Standard Lead Items 59.5 days Thu 6/30/11 Wed 9/21/11
60 Concrete & Rebar 20 days Thu 6/30/11 Wed 7/27/11
61 Buyout 5 days Thu 6/30/11 Wed 7/6/11
62 Prepare Submittals 1 wk Thu 7/7/11 Wed 7/13/11
63 Approve Submittals 1 wk Thu 7/14/11 Wed 7/20/11
64 Fabrication 1 wk Thu 7/21/11 Wed 7/27/11
65 Wood Framing 10 days Thu 6/30/11 Wed 7/13/11
Team Selection 7/6
Bid Date 6/17
Commission Approval - Letter of Intent 6/29
Prepare and Execute Precon Contract 7/6
Issue Notice to Proceed 7/6
Design 5/24
Preconstruction 6/3
Permitting Activities 6/15
LDP 5/20
Demolition Permit 4/22
Building Permit 6/15
Long Lead Procurement 9/29
Structural Steel 8/12
Buyout 6/30
Prepare Submittals 7/14
Approve Submittals 7/15
Fabrication 8/12
Aluminum Doors and Window 9/29
Buyout 6/30
Prepare Submittals 7/28
Approve Submittals 8/4
Fabrication 9/29
Wood Doors, Frames, Hardware 9/1
Buyout 6/30
Prepare Submittals 7/14
Approve Submittals 7/21
Fabrication 9/1
Trusses 8/19
Buyout 7/1
Prepare Submittals 7/15
Approve Submittals 7/22
Fabrication 8/19
HVAC 9/16
Buyout 7/1
Prepare Submittals 7/22
Approve Submittals 8/5
Fabrication 9/16
Electrical 9/29
Buyout 6/30
Prepare Submittals 7/21
Approve Submittals 8/4
Fabrication 9/29
Standard Lead Items 9/21
Concrete & Rebar 7/27
Buyout 7/6
Prepare Submittals 7/13
Approve Submittals 7/20
Fabrication 7/27
Wood Framing 7/13
Qtr 2, 2010 Qtr 3, 2010 Qtr 4, 2010 Qtr 1, 2011 Qtr 2, 2011 Qtr 3, 2011 Qtr 4, 2011 Qtr 1, 2012 Qtr 2, 2012
Task
Task Progress
Critical Task
Critical Task Progress
Milestone
Summary
Rolled Up Task
Rolled Up Critical Task
Rolled Up Milestone
Rolled Up Progress
Split
External Tasks
Project Summary
Group By Summary
Deadline
FBO Terminal
Augusta Regional Airport
Page 1
Project: FBO Terminal
Date: Wed 6/29/11
Item # 20
ID Task Name Duration Start Finish
66 Buyout 10 days Thu 6/30/11 Wed 7/13/11
67 Caulking 52.5 days Thu 6/30/11 Mon 9/12/11
68 Buyout 15 days Thu 6/30/11 Wed 7/20/11
69 Prepare Submittals 2.5 wks Thu 7/21/11 Mon 8/8/11
70 Approve Submittals 2 wks Mon 8/8/11 Mon 8/22/11
71 Fabrication 3 wks Mon 8/22/11 Mon 9/12/11
72 Roofing 50 days Thu 6/30/11 Wed 9/7/11
73 Buyout 15 days Thu 6/30/11 Wed 7/20/11
74 Prepare Submittals 2 wks Thu 7/21/11 Wed 8/3/11
75 Approve Submittals 2 wks Thu 8/4/11 Wed 8/17/11
76 Fabrication 3 wks Thu 8/18/11 Wed 9/7/11
77 Drywall 45 days Thu 6/30/11 Wed 8/31/11
78 Buyout 10 days Thu 6/30/11 Wed 7/13/11
79 Prepare Submittals 2 wks Thu 7/14/11 Wed 7/27/11
80 Approve Submittals 2 wks Thu 7/28/11 Wed 8/10/11
81 Fabrication 3 wks Thu 8/11/11 Wed 8/31/11
82 Flooring 52.5 days Thu 6/30/11 Mon 9/12/11
83 Buyout 15 days Thu 6/30/11 Wed 7/20/11
84 Prepare Submittals 2.5 wks Thu 7/21/11 Mon 8/8/11
85 Approve Submittals 2 wks Mon 8/8/11 Mon 8/22/11
86 Fabrication 3 wks Mon 8/22/11 Mon 9/12/11
87 Painting 57.5 days Mon 7/4/11 Wed 9/21/11
88 Buyout 20 days Mon 7/4/11 Fri 7/29/11
89 Prepare Submittals 2.5 wks Mon 8/1/11 Wed 8/17/11
90 Approve Submittals 2 wks Wed 8/17/11 Wed 8/31/11
91 Fabrication 3 wks Wed 8/31/11 Wed 9/21/11
92 Plumbing 42.5 days Thu 6/30/11 Mon 8/29/11
93 Buyout 10 days Thu 6/30/11 Wed 7/13/11
94 Prepare Submittals 2.5 wks Thu 7/14/11 Mon 8/1/11
95 Approve Submittals 5 days Mon 8/1/11 Mon 8/8/11
96 Fabrication 3 wks Mon 8/8/11 Mon 8/29/11
97 Building Construction 173 days Wed 6/29/11 Mon 2/27/12
98 Mobilization 2 days Thu 7/7/11 Fri 7/8/11
99 Fencing, Staging, Haul Route, Signage 4 days Mon 7/11/11 Thu 7/14/11
100 Set Up Temp. FBO (BY OWNER)0 days Wed 6/29/11 Wed 6/29/11
101 Owner Move to Temp FBO ( BY OWNER)0 days Wed 6/29/11 Wed 6/29/11
102 Sitework 166 days Mon 7/11/11 Mon 2/27/12
103 Erosion Control 3 days Mon 7/11/11 Wed 7/13/11
104 Building Pad 2 wks Thu 7/21/11 Wed 8/3/11
105 Site Utilities 6 wks Thu 8/4/11 Wed 9/14/11
106 Fine Grading 1 wk Thu 9/15/11 Wed 9/21/11
107 Concrete Curb & Stone 3 wks Thu 9/22/11 Wed 10/12/11
108 Site Concrete 2 wks Tue 11/8/11 Mon 11/21/11
109 Paving 4 wks Tue 11/22/11 Mon 12/19/11
110 Landscaping 3 wks Tue 2/7/12 Mon 2/27/12
111 Demolition 10 days Thu 7/7/11 Wed 7/20/11
112 Demolish FBO and EOC 10 days Thu 7/7/11 Wed 7/20/11
113 Concrete 11 days Wed 8/10/11 Wed 8/24/11
114 Foundations 1 wk Wed 8/10/11 Tue 8/16/11
Buyout 7/13
Caulking 9/12
Buyout 7/20
Prepare Submittals 8/8
Approve Submittals 8/22
Fabrication 9/12
Roofing 9/7
Buyout 7/20
Prepare Submittals 8/3
Approve Submittals 8/17
Fabrication 9/7
Drywall 8/31
Buyout 7/13
Prepare Submittals 7/27
Approve Submittals 8/10
Fabrication 8/31
Flooring 9/12
Buyout 7/20
Prepare Submittals 8/8
Approve Submittals 8/22
Fabrication 9/12
Painting 9/21
Buyout 7/29
Prepare Submittals 8/17
Approve Submittals 8/31
Fabrication 9/21
Plumbing 8/29
Buyout 7/13
Prepare Submittals 8/1
Approve Submittals 8/8
Fabrication 8/29
Building Construction 2/27
Mobilization 7/8
Fencing, Staging, Haul Route, Signage 7/14
Set Up Temp. FBO (BY OWNER)6/29
Owner Move to Temp FBO ( BY OWNER)6/29
Sitework 2/27
Erosion Control 7/13
Building Pad 8/3
Site Utilities 9/14
Fine Grading 9/21
Concrete Curb & Stone 10/12
Site Concrete 11/21
Paving 12/19
Landscaping 2/27
Demolition 7/20
Demolish FBO and EOC 7/20
Concrete 8/24
Foundations 8/16
Qtr 2, 2010 Qtr 3, 2010 Qtr 4, 2010 Qtr 1, 2011 Qtr 2, 2011 Qtr 3, 2011 Qtr 4, 2011 Qtr 1, 2012 Qtr 2, 2012
Task
Task Progress
Critical Task
Critical Task Progress
Milestone
Summary
Rolled Up Task
Rolled Up Critical Task
Rolled Up Milestone
Rolled Up Progress
Split
External Tasks
Project Summary
Group By Summary
Deadline
FBO Terminal
Augusta Regional Airport
Page 2
Project: FBO Terminal
Date: Wed 6/29/11
Item # 20
ID Task Name Duration Start Finish
115 Prep Slab on Grade 5 days Tue 8/16/11 Mon 8/22/11
116 Pour Slab on Grade 2 days Tue 8/23/11 Wed 8/24/11
117 Masonry 25 days Tue 10/4/11 Mon 11/7/11
118 Masonry Veneer 5 wks Tue 10/4/11 Mon 11/7/11
119 Structural Steel 35 days Thu 8/25/11 Wed 10/12/11
120 Erect Steel 3 wks Thu 8/25/11 Wed 9/14/11
121 Erect Trusses 2 wks Thu 9/15/11 Wed 9/28/11
122 Install Roof Plywood & Insulation Panels 5 days Thu 10/6/11 Wed 10/12/11
123 Wall Framing 20 days Thu 9/8/11 Wed 10/5/11
124 Frame Walls (Int. & Ext)4 wks Thu 9/8/11 Wed 10/5/11
125 Ext Sheathing & Building Wrap 9 days Thu 9/15/11 Tue 9/27/11
126 Thermal Moisture Protection 33 days Thu 9/29/11 Mon 11/14/11
127 Caulking / Sealants 4 days Fri 10/14/11 Wed 10/19/11
128 Ice & Water Shield 5 days Thu 10/13/11 Wed 10/19/11
129 Roofing 20 days Thu 9/29/11 Wed 10/26/11
130 Insulation 5 days Tue 11/8/11 Mon 11/14/11
131 Dry-In 0 days Mon 11/14/11 Mon 11/14/11
132 Gutters/Downspouts/Metalwork 5 days Thu 10/27/11 Wed 11/2/11
133 Ext Windows & Doors 10 days Fri 9/30/11 Thu 10/13/11
134 Set Exterior Doors 5 days Fri 9/30/11 Thu 10/6/11
135 Set Windows 10 days Fri 9/30/11 Thu 10/13/11
136 Drywall 45 days Tue 11/15/11 Mon 1/16/12
137 Insulation 1 wk Tue 11/15/11 Mon 11/21/11
138 Hang Drywall 12 days Mon 11/28/11 Tue 12/13/11
139 Finish Drywall 15 days Wed 12/7/11 Tue 12/27/11
140 Install Ceiling Grid 10 days Tue 1/3/12 Mon 1/16/12
141 Flooring 15 days Wed 1/4/12 Tue 1/24/12
142 Ceramic Tile 5 days Mon 1/9/12 Fri 1/13/12
143 Carpet/Resilient Flooring 15 days Wed 1/4/12 Tue 1/24/12
144 Painting 78 days Thu 11/3/11 Mon 2/20/12
145 Prime Coat Paint 6 days Mon 12/26/11 Mon 1/2/12
146 First Coat Paint 6 days Tue 1/3/12 Tue 1/10/12
147 Final Coat Paint 8 days Wed 1/18/12 Fri 1/27/12
148 Touch Up 5 days Tue 2/14/12 Mon 2/20/12
149 Exterior Painting 7 days Thu 11/3/11 Fri 11/11/11
150 Misc. Specialties 20 days Mon 1/9/12 Fri 2/3/12
151 Fire Extinguishers & Cabinets 2 days Mon 1/9/12 Tue 1/10/12
152 Toilet Partitions & Accessories 5 days Mon 1/30/12 Fri 2/3/12
153 Fire Protection 129 days Thu 8/4/11 Tue 1/31/12
154 FP - Underground Rough-In 2 days Thu 8/4/11 Fri 8/5/11
155 FP - Overhead Rough-In 3 wks Mon 8/8/11 Fri 8/26/11
156 FP - Trim-out 3 days Wed 1/25/12 Fri 1/27/12
157 FP - Testing & Instruction 2 days Mon 1/30/12 Tue 1/31/12
158 Plumbing 128 days Thu 8/4/11 Mon 1/30/12
159 P- Underground Rough-In 4 days Thu 8/4/11 Tue 8/9/11
160 P - Overhead & Wall Rough-In 2 wks Wed 8/10/11 Tue 8/23/11
161 P - Fixtures & Trim 5 days Mon 1/23/12 Fri 1/27/12
162 P - Testing 1 day Mon 1/30/12 Mon 1/30/12
163 HVAC 77 days Thu 10/20/11 Fri 2/3/12
Prep Slab on Grade 8/22
Pour Slab on Grade 8/24
Masonry 11/7
Masonry Veneer 11/7
Structural Steel 10/12
Erect Steel 9/14
Erect Trusses 9/28
Install Roof Plywood & Insulation Panels 10/12
Wall Framing 10/5
Frame Walls (Int. & Ext)10/5
Ext Sheathing & Building Wrap 9/27
Thermal Moisture Protection 11/14
Caulking / Sealants 10/19
Ice & Water Shield 10/19
Roofing 10/26
Insulation 11/14
Dry-In 11/14
Gutters/Downspouts/Metalwork 11/2
Ext Windows & Doors 10/13
Set Exterior Doors 10/6
Set Windows 10/13
Drywall 1/16
Insulation 11/21
Hang Drywall 12/13
Finish Drywall 12/27
Install Ceiling Grid 1/16
Flooring 1/24
Ceramic Tile 1/13
Carpet/Resilient Flooring 1/24
Painting 2/20
Prime Coat Paint 1/2
First Coat Paint 1/10
Final Coat Paint 1/27
Touch Up 2/20
Exterior Painting 11/11
Misc. Specialties 2/3
Fire Extinguishers & Cabinets 1/10
Toilet Partitions & Accessories 2/3
Fire Protection 1/31
FP - Underground Rough-In 8/5
FP - Overhead Rough-In 8/26
FP - Trim-out 1/27
FP - Testing & Instruction 1/31
Plumbing 1/30
P- Underground Rough-In 8/9
P - Overhead & Wall Rough-In 8/23
P - Fixtures & Trim 1/27
P - Testing 1/30
HVAC 2/3
Qtr 2, 2010 Qtr 3, 2010 Qtr 4, 2010 Qtr 1, 2011 Qtr 2, 2011 Qtr 3, 2011 Qtr 4, 2011 Qtr 1, 2012 Qtr 2, 2012
Task
Task Progress
Critical Task
Critical Task Progress
Milestone
Summary
Rolled Up Task
Rolled Up Critical Task
Rolled Up Milestone
Rolled Up Progress
Split
External Tasks
Project Summary
Group By Summary
Deadline
FBO Terminal
Augusta Regional Airport
Page 3
Project: FBO Terminal
Date: Wed 6/29/11
Item # 20
ID Task Name Duration Start Finish
164 HVAC - Overhead& Wall Rough-in 4 wks Thu 10/20/11 Wed 11/16/11
165 HVAC - Set Equipment 5 days Thu 11/17/11 Wed 11/23/11
166 HVAC Duct tie into equip 3 days Wed 11/23/11 Fri 11/25/11
167 HVAC - Startup / Testing 3 days Mon 11/28/11 Wed 11/30/11
168 HVAC - Trim-out 10 days Mon 1/23/12 Fri 2/3/12
169 Electrical 138 days Thu 8/4/11 Mon 2/13/12
170 E - Underground Rough-In 1 wk Thu 8/4/11 Wed 8/10/11
171 E- Overhead & Wall Rough-In 8 wks Thu 9/15/11 Wed 11/9/11
172 E - Energize Switchgear 1 day Thu 11/10/11 Thu 11/10/11
173 E - Light Fixtures 2 wks Tue 1/17/12 Mon 1/30/12
174 E - Wiring & Devices 2 wks Wed 12/28/11 Tue 1/10/12
175 E - Trim-out 2 wks Tue 1/31/12 Mon 2/13/12
176 E - Testing 1 day Mon 2/13/12 Mon 2/13/12
177 Commissioning 2 wks Tue 2/14/12 Mon 2/27/12
178 Substantial Completion Rooms 112 - 121 0 days Mon 2/27/12 Mon 2/27/12
179 Substantial Completion Remaining Rooms 0 days Fri 3/2/12 Fri 3/2/12
180 Punchlist 5 days Thu 3/1/12 Wed 3/7/12
181 Final Clean 3 days Thu 3/8/12 Mon 3/12/12
182 Final Completion 0 days Mon 3/12/12 Mon 3/12/12
HVAC - Overhead& Wall Rough-in 11/16
HVAC - Set Equipment 11/23
HVAC Duct tie into equip 11/25
HVAC - Startup / Testing 11/30
HVAC - Trim-out 2/3
Electrical 2/13
E - Underground Rough-In 8/10
E- Overhead & Wall Rough-In 11/9
E - Energize Switchgear 11/10
E - Light Fixtures 1/30
E - Wiring & Devices 1/10
E - Trim-out 2/13
E - Testing 2/13
Commissioning 2/27
Substantial Completion Rooms 112 - 121 2/27
Substantial Completion Remaining Rooms 3/2
Punchlist 3/7
Final Clean 3/12
Final Completion 3/12
Qtr 2, 2010 Qtr 3, 2010 Qtr 4, 2010 Qtr 1, 2011 Qtr 2, 2011 Qtr 3, 2011 Qtr 4, 2011 Qtr 1, 2012 Qtr 2, 2012
Task
Task Progress
Critical Task
Critical Task Progress
Milestone
Summary
Rolled Up Task
Rolled Up Critical Task
Rolled Up Milestone
Rolled Up Progress
Split
External Tasks
Project Summary
Group By Summary
Deadline
FBO Terminal
Augusta Regional Airport
Page 4
Project: FBO Terminal
Date: Wed 6/29/11
Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 52 of 64
Exhibit C
Initial List of Drawings, Specifications, and Addendums
(To Be Done in Pre-Construction)
Attachment number 1
Page 52 of 64
Item # 20
Sheet #Sheet Description
G0.0 TITLE SHEET
G0.1 SHEET INDEX AND SCHEDULE OF QUANTITIES
G1.0 SITE ACCESS AND STAGING PLAN
G2.0 CONSTRUCTION PHASING PLAN
G3.0 SAFETY PLAN
G3.1 SAFETY NOTES AND DETAILS
G4.0 EXISTING CONDITIONS PLAN
G4.1 BORING LOGS
G5.0 DEMOLITION PLAN
LS1.0 GEN. NOTES/ CODE ANALYSIS
LS1.1 LIFE SAFETY PLAN
C0.0 LEGEND AND ABBREVIATIONS
C1.0 GEOMETRIC PLAN
C1.1 GEOMETRIC POINT TABLES
C2.0 GRADING AND DRAINAGE PLAN
C2.1 TYPICAL SECTIONS AND PAVEMENT DETAILS
C2.2 DRAINAGE PROFILES
C2.3 DRAINAGE PROFILES
C2.4 DRAINAGE DETAILS
C2.5 DRAINAGE DETAILS
C2.6 DRAINAGE DETAILS
C2.7 DRAINAGE DETAILS
C3.0 PAVING PLAN
C3.1 PCC JOINT LAYOUT PLAN
C3.2 TYPICAL PCC JOINT DETAILS
C3.3 SIDEWALK DETAILS
C4.0 UTILITY PLAN
C4.1 UTILITY PROFILES
C4.2 WATER LINE DETAILS
C4.3 SANITARY SEWER DETAILS
C5.0 MARKING AND SIGNAGE PLAN
C5.1 GRAPHICS SIGNAGE DETAILS
C5.2 GRAPHICS SIGNAGE DETAILS
C5.3 GRAPHICS SIGNAGE DETAILS
C5.4 MARKING DETAILS
C6.0 EROSION & SEDIMENT CONTROL PLAN
C6.1 EROSION & SEDIMENT CONTROL DETAILS
C7.0 SCREENWALL DETAILS
C7.1 FENCE DETAILS
EXHIBIT C
PROJECT PLAN SHEET LISTING
Attachment number 1
Page 53 of 64
Item # 20
C7.2 SLIDING VEHICULAR SECURITY GATE DETAILS
C8.0 CROSS SECTIONS, BASELINE 'A' STA. 9+75 TO 11+50
C8.1 CROSS SECTIONS, BASELINE 'A' STA. 11+75 TO 13+00
C8.2 CROSS SECTIONS, BASELINE 'A' STA.13+25 TO 14+50
C8.3 CROSS SECTIONS, BASELINE 'A' STA. 14+75 TO 16+00
C8.4 CROSS SECTIONS, BASELINE 'A' STA. 16+25 TO 17+50
C8.5 CROSS SECTIONS, BASELINE 'A' STA. 17+75
A1.0 OVERALL FLOOR PLAN
A2.0 FLOOR PLAN-EXT. DIMENSION
A2.1 FLOOR PLAN - KEYPLAN
A2.2 ENLARGED FLOOR PLAN
A2.3 ENLARGED FLOOR PLAN
A2.4 ENLARGED FLOOR PLAN
A2.5 ENLARGED FLOOR PLAN
A2.6 EQUIPMENT MEZZANINE PLAN
A2.7 ENLARGED TOILETS
A2.8 MOUNTING HEIGHTS
A2.9 ENLARGED KITCHEN
A2.10 ENLARGED MEZZANINE PLAN
A3.0 REFLECTED CEILING PLAN
A3.1 ENLARGED REFLECTED PLAN
A3.2 ENLARGED REFLECTED PLAN
A3.3 ENLARGED REFLECTED PLAN
A3.4 ENLARGED REFLECTED PLAN
A3.5 BULKHEAD DETAILS
A3.6 BULKHEAD DETAILS
A4.0 ROOF PLAN
A5.0 EXTERIOR ELEVATIONS
A5.1 EXTERIOR ELEVATIONS
A6.0 BUILDING SECTIONS
A6.1 BUILDING SECTION
A6.2 BUILDING SECTION
A6.3 WALL SECTION
A6.4 WALL SECTION
A6.5 WALL SECTION
A6.6 BUILDING SECTION
A6.7 DETAIL SECTION
A6.8 DETAIL SECTION
A7.0 DOOR SCHEDUILE, TYPES
A7.1 DOOR DETAILS
A7.2 DOOR DETAILS
A7.3 WINDOW SCHEDULE & TYPE
A7.4 WINDOW DETAIL
Attachment number 1
Page 54 of 64
Item # 20
IN1.0 FLOOR FINISHES
IN1.1 ENLARGED FLOOR PLAN
IN1.2 ENLARGED FLOOR PLAN
IN1.3 ENLARGED FLOOR PLAN
M1.1 GROUND FLOOR EQUIPMENT PLAN
M1.2 GROUND FLOOR DUCKWORK PLAN
M1.3 HVAC MEZZANINE PLAN
M3.1 HVAC SCHEDULES (1 OF 2)
M3.2 HVAC SCHEDULES (2 OF 2)
P0.1 PLUMBING SCHEDULES & LEGEND
P0.2 PLUMBING DETAILS
P1.1 WASTE & VENT PIPING
P1.2 POTABLE & HOT WATER PIPING
FP1.1 FIRE SPRINKLER HAZARD ANALYSIS PLAN
SE1.0 SITE ELECTRICAL DEMOLITION PLAN
SE1.1 SITE ELECTRICAL PLAN
SE1.2 SITE PHOTOMETRIC PLAN
SE1.3 SITE ELECTRICAL DETAILS
SE1.4 LIGHT FIXTURE DETAILS
SE1.5 GATE ACCESS CONTROL DETAILS
SE1.6 CCTV DETAILS
E0.1 LEGEND, NOTES, AND FIXTURE SCHEDULE
E1.1 ELECTRICAL SITE PLAN
E1.2 LIGHTNING PROTECTION PLAN
E2.1 LIGHTING PLAN
E3.1 POWER PLAN
E3.2 MECHANICAL POWER PLAN
E4.1 SYSTEMS PLAN
E4.2 DATA/VOICE NETWORKING PLAN
E5.1 POWER RISER DIAGRAM AND PANEL BOARD SCHEDULE
E5.2 PANEL BOARD SCHEDULE
E6.1 DETAILS
E6.2 DETAILS
Attachment number 1
Page 55 of 64
Item # 20
Augusta Regional Airport C&PE No. 0733-17
General Aviation Facility Improvements April 2011
TABLE OF CONTENTS PAGE-1
AUGUSTA REGIONAL AIRPORT
CONSTRUCTION SPECIFICATIONS
GENERAL AVIATION FACILITY IMPROVEMENTS
TABLE OF CONTENTS
DIVISION 0 - CONDITIONS OF THE CONTRACT
SECTION 00800 - SUPPLEMENTARY PROVISIONS
SECTION 00810 – RESPONSIBILITY FOR DAMAGE CLAIMS
DIVISION 1 - GENERAL PROVISIONS
SECTION 01100 – SUMMARY
SECTION 01140 – WORK RESTRICTIONS
SECTION 01250 – CONTRACT MODIFICATION PROCEDURES
SECTION 01270 – UNIT PRICES
SECTION 01271 – MEASUREMENT AND PAYMENT
SECTION 01290 – APPLICATIONS FOR PAYMENT
SECTION 01310 – PROJECT COORDINATION AND MEETINGS
SECTION 01320 – CONSTRUCTION PROGRESS DOCUMENTATION
SECTION 01330 – SUBMITTALS
SECTION 01400 – QUALITY REQUIREMENTS
SECTION 01420 – REFERENCES
SECTION 01500 – TEMPORARY FACILITIES AND CONTROLS
SECTION 01600 – PRODUCT REQUIREMENTS
SECTION 01700 – EXECUTION REQUIREMENTS
SECTION 01731 – CUTTING AND PATCHING
SECTION 01732 – SELECTIVE DEMOLITION
SECTION 01770 – PROJECT CLOSEOUT
SECTION 01781 – PROJECT RECORD DOCUMENTS
SECTION 01782 – OPERATION AND MAINTENANCE DATA
SECTION 01820 – DEMONSTRATION AND TRAINING
DIVISION 2 - SITE WORK
SECTION 02515 – MOBILIZATION/DEMOBILIZATION
SECTION 02161 – EROSION AND SEDIMENT CONTROL
SECTION 02209 – CRUSHED AGGREGATE BASE COURSE
SECTION 02221 – DEMOLITION
SECTION 02300 - EARTHWORK
SECTION 02310 – GRADED AGGEGATE CONSTRUCTION
Attachment number 1
Page 56 of 64
Item # 20
Augusta Regional Airport C&PE No. 0733-17
General Aviation Facility Improvements April 2011
TABLE OF CONTENTS PAGE-2
SECTION 02400 – HOT MIX ASPHALT CONSTRUCTION
SECTION 02402 – HOT MIX RECYCLED ASPHALTIC CONCRETE
SECTION 02412 – BITUMINOUS PRIME COAT
SECTION 02510 – POTABLE WATER DISTRIBUTION SYSTEM
SECTION 02501 – PORTLAND CEMENT CONCRETE PAVING
SECTION 02530 – SANITARY SEWARAGE
SECTION 02580 – PAVEMENT MARKING
SECTION 02603 – BITUMINOUS TACK COAT
SECTION 02605 – JOINT SEALANT
SECTION 02630 – STORM DRAINAGE
SECTION 02701 – TRAFFIC SIGNS
SECTION 02810 – RESERVED FOR IRRIGATION SYSTEM
SECTION 02821 – CHAIN LINK FENCES
SECTION 02829 – MOTORIZED SECURITY GATE
SECTION 02920 – LAWNS AND GRASSES
SECTION 02930 – LANDSCAPING
SECTION 02935 – STORMWATER POLLUTION PREVENTION
DIVISION 3 - CONCRETE
SECTION 03014 – CONCRETE SAMPLING AND TESTING
SECTION 03300 – CAST-IN-PLACE CONCRETE
DIVISION 16 - SITE ELECTRICAL
SECTION 13220 – CLOSED CIRCUIT TELEVISION SYSTEM
SECTION 16010 – GENERAL ELECTRIC
SECTION 16011 – ELECTRICAL TESTING REQUIREMENTS
SECTION 16110 – RACEWAYS
SECTION 16115 – UNDERGROUND DUCTS, MANHOLES, AND HANDHOLES
SECTION 16123 – LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES
SECTION 16170 – GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS
SECTION 16195 – ELECTRICAL IDENTIFICATION
SECTION 16475 – FUSES
SECTION 16524 – EXTERIOR LIGHTING
SECTION 16700 – TELECOMMUNICTIONS OUTSIDE PLANT
SECTION 16720 – RESERVED FOR EMERGENCY CALL BOX
SECTION 16950 – LIGHTING CONTROL PANEL
APPENDICES
RESERVED FOR SCHEDULE OF QUANITIES/UNIT PRICES
END OF SECTION
Attachment number 1
Page 57 of 64
Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 58 of 64
Exhibit D
Insurance
Insurance Requirements
1. Statutory Workers’ Compensation Insurance
Employers Liability:
Bodily Injury by Accident - $100,000 each accident
Bodily Injury by Disease - $500,000 policy limit
Bodily Injury by Disease - $100,000 each employee
2. Comprehensive General Liability Insurance
a) $1,000,000 limit of liability per occurrence for bodily injury and property damage
b) The following additional coverages must apply:
1986 (or later) ISO Commercial General Liability Form
Additional Insured Endorsement
Completed Operations Coverage
Contractual Liability (included in 1986 or later forms)
Broad Form Property Damage (included in 1986 or later forms)
Severability of Interest (included in 1986 or later forms)
Underground, explosion, and collapse coverage (included in 1986 or later form)
Personal Injury (deleting both contractual and employee exclusions)
Incidental Medical Malpractice
Hostile Fire Pollution Wording
3. Auto Liability Insurance
a) $500,000 limit of liability per occurrence for bodily injury and property damage
b) Comprehensive form covering all owned, non-owned, leased, hired and borrowed vehicles
c) Additional Insured Endorsement
d) Contractual Liability
4. Excess Liability Insurance
Excess Liability Insurance Limit $10,000,000 per occurrence / $10,000,000 per aggregate, with the same
coverages as required above for the Comprehensive General Liability Insurance.
5. Builders Risk Insurance
All Risk Construction Managers’ Equipment and Contents Insurance covering owned, used and leased
equipment, tools, supplies and contents required to perform the services called for in the Contract. The
coverage must be for full replacement cost. The City will be included as a Loss Payee in this coverage
for City owned equipment, tools, supplies and contents. Construction Manager’s Risk Insurance which
includes without duplication, but is not limited to, fire (with extended coverage), theft, vandalism,
malicious mischief, collapse, earthquake, flood, windstorm, false work, testing and startup, temporary
buildings and debris removal; and names the Owner, the Owner’s Representative, the Engineer, the
Architect, and the Owner’s Related Parties, with coverage for one hundred (100%) percent of the
insurable value of the Construction Manager’s scope of the Project, and a per-claim deductible of no
more than $10,000.00.
6. Augusta, Georgia, the Owner’s Representative, the Engineer, the Architect, and any other applicable Authority
should be shown as an additional insured on General Liability and Auto Liability policies. Certificate Holder
should read: Augusta, Georgia, 530 Greene Street, Augusta, Georgia 30901.
Attachment number 1
Page 58 of 64
Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 59 of 64
7. Each insurance company, except the Worker’s Compensation carrier, must have an A.M. Best Rating of A- or
higher. Certain Worker’s Comp funds may be acceptable by the approval of the Risk Management Division.
European markets including those based in London and domestic surplus lines markets that operate on a non-
admitted basis are exempt from this requirement provided that the Construction Manager’s broker/agent can
provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the
A.M. Best’s rating of A- or better.
8. Each Insurance Company must be licensed to do business by the Georgia Department of Insurance. k* See
above note regarding Construction Manager Liability.
9. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project name and
project/bid number.
10. The Construction Manager agrees to provide complete certified copies of current insurance policy(ies), including
all insuring agreements, declarations, endorsements, and riders, if requested by the City to verify the compliance
with these insurance requirements.
11. All insurance coverages required to be provided by the Construction Manager will be primary over any insurance
program carried by the City.
12. The Construction Manager shall incorporate a copy of the insurance requirements as herein provided in each and
every Subcontractor and each and every Sub-Subcontractor in any tier, and shall require each and every
Subcontractor and each and every Sub-Subcontractor of any tier to comply with all such requirements. The
Construction Manager agrees that if for any reason the Subcontractor or Sub-Subcontractor fails to procure and
maintain insurance as required, all such required insurance shall be procured and maintained by the Construction
Manager at the Construction Manager’s expense.
13. The Construction Manager, and their Subcontractor’s and each and every Sub-Subcontractor shall not
commence any work of any kind under this Contract until all insurance requirements contained in this Contract
have been complied with and until evidence of such compliance satisfactory to City as to form and content has
been filed with the city. The Accord Certificate of Insurance or a pre-approved substitute is the required form in all
cases where reference is made to a Certificate of Insurance or an approved substitute.
14. The Construction Manager and its insurers shall agree to waive all rights of subrogation against the City, the City
Council, its officers, officials, employees, the Owner’s Representatives, the Engineer, the Architect, and
volunteers from losses arising from work performed by the Construction Manager for the City.
15. The Construction Manager shall make available to the City, through its records or records of their Insurer,
information regarding a specific claim. Any loss run information available from the Construction Manager or their
insurer will be made available to the city upon their request.
16. Compliance by the Construction Manager and their Subcontractor’s and each and every Sub-Subcontractor with
the foregoing requirements as to carrying insurance shall not relieve the Construction Manager and their
Subcontractor’s and each and every Sub-Subcontractor of their liability provisions of the Contract.
17. The Construction Manager and their Subcontractor’s and each and every Sub-Subcontractor are to comply with
the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this
Contract.
18. The Construction Manager shall at a minimum apply risk management practices accepted by the Construction
Manager’s industry.
19. Evidence of such insurance shall be furnished to the Owner, and the Owner shall receive forty-five (45) days prior
written notice of any cancellation, non-renewal or reduction of coverage of any of the policies. Upon notice of
such cancellation, non-renewal or reduction, the Construction Manager shall procure substitute insurance so as
Attachment number 1
Page 59 of 64
Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 60 of 64
to assure the Owner that the minimum limits of coverage are maintained continuously throughout the period of
this Agreement.
20. The Construction Manager shall deliver to the Owner a Certificate of Insurance for its General Liability and
Excess Liability coverage annually, so long as it is required to maintain such coverage required by this
Agreement.
21. The Construction Manager shall maintain in force during the performance of this contract and for one (1) year
after final completion of the Project, the General Liability and Excess Liability insurance coverage referenced
above.
22. The Construction Manager shall maintain in force during the performance of this contract and for one (1) year
after final completion of the Project, the Comprehensive Commercial General Liability Insurance and the
Automobile Liability Insurance.
23. The Owner shall be under no obligation to review any Certificates of Insurance provided by the Construction
Manager or to check or verify the Construction Manager's compliance with any or all requirements regarding
insurance imposed by the Contract Documents. The Construction Manager is fully liable for the amounts and
types of insurance required herein and is not excused should any policy or Certificate of Insurance provided by
the Construction Manager not comply with any or all requirements regarding insurance imposed by the Contract
Documents.
24. Should the Construction Manager fail to provide and maintain in force any insurance or insurance coverage
required by the contract documents or by law, or should a dispute arise between owner and any insurance
company of the Construction Manager over policy coverage or Limits of Liability as required herein, the Owner
shall be entitled to recover from the Construction Manager all amounts payable, as a matter of law, to Owner or
any of its agents, had the required insurance or insurance coverage been in force. Said recovery shall include,
but is not limited to interest for the loss of use of such amounts of money, plus all attorney's fees, costs and
expenses incurred in securing such determination and any other consequential damages arising out of the failure
of the Construction Manager or insurance company to comply with the provisions of the Contract Documents, or
any policy required hereby, or any other requirements regarding insurance imposed by law. Nothing herein shall
limit any damages for which the Construction Manager is responsible as a matter of law.
25. The Construction Manager shall deliver to the Owner two (2) original certificates of insurance, signed by the
Insurer’s Authorized Representative, with the Policy Numbers clearly identified on the certificates for each Policy.
The Policy effective dates should be on or before the date that the contract was signed.
26. Compliance with insurance requirements shall not relieve the Construction Manager of any responsibility to
indemnify the Owner for any liability to the Owner as specified in any other provision of this Contract for General
Construction Management Services, and the Owner shall be entitled to pursue any remedy in law or equity if the
Construction Manager fails to comply with the contractual provisions of this Contract for General Construction
Management Services. Indemnity obligations specified elsewhere in this Contract for General Construction
Management Services shall not be negated or reduced by virtue of any insurance carrier's denial of insurance
coverage for the occurrence or event which is the subject matter of the claim; or refusal to defend any named
insured.
27. As it pertains to Builders Risk Insurance - The Construction Manager hereby releases and discharges the Owner,
the Engineer, the Architect, the Owner’s Representative, and the Owner’s Related Parties of and from all liability
to the Construction Manager, and to anyone claiming by, through or under the Construction Manager, by
subrogation or otherwise, on account of any loss or damage to tools, machinery, equipment or other property,
however caused.
Attachment number 1
Page 60 of 64
Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 61 of 64
Exhibit E
Asbestos – Statement of Declaration
ASBESTOS
STATEMENT OF DECLARATION
Facility
This statement is to certify that I have not installed any asbestos containing materials and/or products in the
preparation and/or the construction of the referenced structure.
Furthermore, I certify to the best of my knowledge, no asbestos containing materials have been used in the
construction of the structure or facility.
RESPONSIBLE PARTIES:
__________________________________________
Construction Manager’s Signature Date
___________________________________________
Owner’s Signature Date
Attachment number 1
Page 61 of 64
Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 62 of 64
Exhibit F
Non Collusion Affidavit
NON COLLUSION AFFIDAVIT
Date:
Project:
Project #:
Project
Description:
Services
Provided:
Construction Management
State of:Georgia
County of:Richmond
I, being first duly sworn, deposes and says that he/she is Select From List of the party making the
foregoing Proposal or Bid; that such Proposal or Bid is genuine and not collusive or sham; that said
Proposer or Bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any
Proposer or Bidder or person, to put in a sham Proposal or Bid, or that such other person refrain from
proposing or bidding, and has not in any manner, directly or indirectly sought by agreement or
collusion, or communication or conference, with any person, to fix the Proposal Fee or Bid Price of
affiant or any other Proposer or Bidder, or to fix any overhead, profit or cost element of said Proposal
Fee or Bid Price, or of that of any other Proposer or Bidder, or to secure any advantage against
Augusta, Georgia, or any person interested in the proposed Contract; and that all statements in said
Proposal or Bid are true; and further, that such Proposer or Bidder has not directly or indirectly
submitted this Proposal or Bid, or the contents thereof, or divulged information or data relative thereto
to any association or to any member or agent thereof.
Construction Manager:
(Signature)(Seal)
Attachment number 1
Page 62 of 64
Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 63 of 64
Exhibit G
GUARANTEED MAXIMUM PRICE AMENDMENT
For good consideration received, the City of Augusta, Georgia (“Owner”) and Choate Construction
Company (the “Construction Manager”) hereby agree that the Contract dated ____________ (the
“Contract”) for the construction of the New Fixed Base Operator (FBO) Terminal, Augusta Regional
Airport, located at 1501 Aviation Way, Augusta, Georgia 30906, Project ID #: RFP Item #11-202
(the “Project”), is hereby amended as follows:
1.The Construction Manager’s Guaranteed Maximum Price (“GMP”) proposal dated
June 22, 2011, attached hereto and incorporated herein, is accepted by the Owner.
2.The Subcontract Costs are:
Bid Package #1
Bid Package #2
Bid Package #3
Bid Package #4
$
3.The Guaranteed Maximum Price is $5,045,461
4.The Dates of Substantial Completion shall be:
- Rooms 112, 113, 114, 115, 116, 117, 118, 119, 120, 121
- All remaining rooms and spaces associated with the New
FBO Building
February 27, 2012
March 2, 2012
5.The “Construction Manager’s Assumptions and Clarifications,”
attached hereto, is hereby incorporated into the Contract.
Owner:Construction Manager:
CITY OF AUGUSTA, GEORGIA CHOATE CONSTRUCTION COMPANY
By:
(Signature)(Seal)(Signature)(Seal)
(Name)(Name)
(Title)(Title)
530 Greene Street 101 Mulberry Blvd., Suite 200
(Street Address – No PO Box)(Street Address – No PO Box)
Augusta, Georgia 30901 Pooler, Georgia 31322
(City, State, Zip)(City, State, Zip)
Date of Signature Date of Signature
Attachment number 1
Page 63 of 64
Item # 20
RFP 11-202 Construction Manager @ Risk Services
New FBO Terminal
Page 64 of 64
Exhibit H
UNIT PRICES
(To Be Determined)
Attachment number 1
Page 64 of 64
Item # 20
REQUEST FOR QUALIFICATIONS
Request for Qualifications will be received at this office until Thursday, March 17, 2011 @ 3:00 p.m. for
furnishing:
RFQ ITEM #11-102 Construction Management @ Risk FBO Terminal for Augusta
Regional Airport
RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street
– Room 605, Augusta, GA 30901. A Mandatory Pre Bid Conference will be held on Friday, February 25,
2011 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. A mandatory site visit
will follow. All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, March 1,
2011 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and
receive bid preference on an eligible local project, the certification statement as a local bidder and all
supporting documents must be submitted to the Procurement Department with your bonafide bid
package.
No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number
of copies needed, the timing of the submission, the required financial data, and any other requirements
designated by the Procurement Department are considered material conditions of the bid which are not
waiveable or modifiable by the Procurement Director. Please mark RFQ number on the outside of the envelope.
Bidders are cautioned that sequestration of RFQ documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places
the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Funding for this project may include federal funds provided by the U. S. Department of Transportation (DOT)
and/or other federal agencies. All DOT funded projects are subject to the requirements of 49 CFR Part 26.
These requirements are mandatory and non-negotiable. Augusta enforces Disadvantage Business Enterprise
(DBE) requirements and/or DBE goals set by Federal and/or State Agencies in accordance with State and
Federal laws. Please be advised that the U. S. District Court for the Southern District of Georgia has entered
on Order enjoining the Race-Based portion of Augusta, Georgia’s DBE Program. Thus, Augusta, Georgia
does not have or operate a DBE, MBE or WBE Program for projects (or portions of projects) having Augusta,
Georgia s the source of funding.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle February 3, 10, 17, 24, 2011
Metro Courier January 9, 2011
cc: Tameka Allen Interim Deputy Administrator
Gary LeTellier Augusta Regional Airport
Tammy Strange Augusta Regional Airport
Tim Weegar Augusta Regional Airport
Attachment number 2
Page 1 of 1
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Attachment number 3
Page 1 of 2
Item # 20
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Attachment number 3
Page 2 of 2
Item # 20
EVALUATION CRITERIA:
Pts.
ALLEN BATCHELOR
1063 FRANKE
INDUSTRIAL
AUGUSTA, GA 30909
CHOATE
CONSTRUCTION
101 W MULBERRY
POOLER, GA 31322
MCKNIGHT
CONSTRUCTION
635 NW FRONTAGE
AUGUSTA, GA 30907
RD BROWN
CONTRACTORS
CAROLINA SPRINGS
N AUGUSTA, SC
RJ GRIFFIN & CO
945 BROAD ST
AUGUSTA, GA 30901
THE CHRISTMAN CO
2312B HILLCREEK
AUGUSTA, GA 30909
THE POTTS CO
981 EAST FREEWAY
CONYERS, GA 30014
1) Technical Approach:25 19.3 21.7 21.0 20.0 22.3 19.0 21.7
2) Company Experience and Performance:20 16.0 16.7 14.0 13.7 18.7 18.3 16.3
3) Experience, Competence and Commitment
of Key Personnel: 15 11.7 14.0 14.3 11.3 13.8 12.2 11.2
4) Project Management and Controls:20 17.0 16.0 15.0 15.3 17.7 16.0 17.0
5) Peer References 20 18.3 16.7 18.3 18.3 18.3 18.3 18.3
6) Financial Strength 10 8.3 10.0 10.0 10.0 9.7 7.3 7.3
7) Pre-Construction Services 20 19.3 17.7 17.7 16.3 20.0 17.7 19.3
TOTAL 130 110.0 112.7 110.3 105.0 120.5 108.8 111.2
2 4 1 3
Cumuilative Evaluation Sheet RFQ Item #11-102
Construction Management @ Risk FBO Terminal
For the City of Augusta - Augusta Regional Airport
RFQ Opening Date: Friday, March 4, 2011 at 11:00 a.m.
RANKING
Item # 20
Attachment number 5
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Attachment number 6
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Item # 20
Attachment number 6
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Item # 20
Attachment number 7
Page 1 of 5
Item # 20
Attachment number 7
Page 2 of 5
Item # 20
Attachment number 7
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Attachment number 7
Page 5 of 5
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Attachment number 8
Page 1 of 2
Item # 20
Attachment number 8
Page 2 of 2
Item # 20
CommissionMeetingAgenda
7/19/20115:00PM
OptionsforoperationofAugustaMunicipalGolfCou rse
Department:Recreation,ParksandFacilitiesDepartment
Caption:Updateonnegotiationsregardingoptionsforfuture operationof
AugustaMunicipalGolfCourse.(Norecommendationfrom
PublicServicesCommitteeJuly11,2011)
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 21
Augusta, GA
Management Agreement
This Management Agreement (“Agreement”) is made and entered into effective this first
day of July, 2011, between Augusta, GA for Augusta Municipal Golf Course (“Owner”),
and Affiniti Golf Partners, Inc., a Georgia corporation (“Affiniti Golf Partners”).
Whereas, Affiniti Golf Partners is engaged in the business of developing, marketing,
maintaining and managing golf facilities; and
Whereas, Owner desires to hire Affiniti Golf Partners as an independent contractor under
the terms and conditions set forth herein to manage and conduct the business and
services of the Owner’s golf facilities to include 18 holes, practice range, clubhouse and
maintenance facility of Augusta Municipal Golf Course and 2 holes, putting green, and
practice range at “The First Tee.”
Now, therefore, in consideration of the mutual promises and covenants contained in this
Agreement, and intending to be legally bound hereby, Owner and Affiniti Golf Partners
agree as follows:
1. Representations and Warranties by Affiniti Golf Partners
Affiniti Golf Partners hereby represents and warrants to Owner as follows:
1.1 Affiniti Golf Partners is a Georgia corporation validly existing and in good
standing with the State of Georgia, and
1.2 Affiniti Golf Partners has the financial ability to enter into and perform its
obligations under this Agreement; and
1.3 Affiniti Golf Partners is not restricted from entering into and performing its
obligations under this Agreement; and
1.4 Affiniti Golf Partners has full power and authority to execute this
Agreement and to be bound by and perform the terms hereof, and the
person executing this Agreement on behalf of Affiniti Golf Partners is duly
authorized to do so and to legally bind Affiniti Golf Partners.
2. Representations and Warranties by Owner
Owner hereby represents and warrants to Affiniti Golf Partners as follows:
2.1 There are no actions, suits or proceedings of any kind or nature
whatsoever, legal or equitable, pending or, to the best of Owner’s
knowledge, threatened against the Facilities or Owner in any court or
before or by any federal, state, county or municipal department,
commission, board, bureau or agency or other governmental
Attachment number 1
Page 1 of 24
Item # 21
instrumentality, including, without limitation, any condemnation or
eminent domain proceedings;
2.2 To the best of Owner’s knowledge, no person, firm, corporation or other
legal entity whatsoever has any right or option whatsoever to acquire or
lease the Facilities or any portion or portions thereof or any interest or
interests therein;
2.3 To the best of Owner’s knowledge, there is no existing violation or breach
of any ordinance, code, law, rule, requirement or regulation applicable to
the Facilities;
2.4 Owner has full power and authority to execute this Agreement and to be
bound by and perform the terms hereof, and the person executing this
Agreement on behalf of Owner is duly authorized to do so and to legally
bind Owner; and
2.5 Owner owns all trade names and logos that it uses in the operation of the
Facilities and, during the Operating Period (as hereinafter defined) no
other party has any right to use such trade names or logos.
3. Appointment of Affiniti Golf Partners
Owner hereby appoints Affiniti Golf Partners as Owner of the Owner’s facilities, subject to
the provisions of this Agreement.
4. Term
The term of this Agreement shall be five (5) years. The services of Affiniti Golf Partners
shall commence on September 1, 2011, (hereinafter the “Effective Date”), and shall
terminate on August 31, 2016, unless sooner terminated as provided hereinafter. Such
period between the Effective Date and the date of termination is hereinafter referred to as
the “Operating Period.” Unless the Owner has notified the Affiniti Golf Partners of its
intention to not renew this Agreement at least 60 days prior to the expiration of the Initial
Term, or any term thereafter, the Term of this Agreement shall automatically renew for an
additional one year term on the same terms and conditions as contained herein.
5. Responsibilities of Owner and Affiniti Golf Partners
5.1 General.
During the Operating Period, and subject to the terms of this Agreement, Affiniti Golf
Partners shall have full authority and responsibility to conduct, supervise, and manage
the day-to-day operation of the Facilities including, but not limited to, the following:
(i) Supervise management of play and general operation of the
Facilities, including the establishments of all fees consistent with the
Annual Plan and Budget.
Attachment number 1
Page 2 of 24
Item # 21
(ii) Assume the responsibility of the hiring, disciplining and
terminating of all Facilities’ personnel. Affiniti will retain key city
employees currently assigned to the Augusta Municipal Golf Course as
recommended by the Owner.
(iii) Manage the Facilities in a manner that would make the Facilities
comparable with other similar first class golf courses in the vicinity of the
clubs. This to include facility staff to wear appropriate golf attire.
(iv) Recommend and establish the schedule of all prices and fees for
products and services sold at the Facilities with approval of Owner.
(v) Work with the public relations and marketing staff of the Facilities
to bring about the best possible publicity for the Facilities.
(vi) Promptly notify Owner upon the receipt of written notice from any
government entity of a violation of any applicable law, ordinance,
regulation, statute or government requirement, permit, certificate or rule
with respect to the Facilities.
In the absence of written direction or written policies of Owner, Affiniti Golf
Partners shall exercise reasonable judgment in its management activities.
Subject to the direction of Owner, Affiniti Golf Partners shall specifically
have responsibility, and commensurate authority, to provide the services
described in this Section 5.1 and to operate the Facilities in the manner
provided in this Agreement.
5.2 Annual Plan and Budget.
Not later than sixty (45) days prior to commencement of each full fiscal year thereafter,
Affiniti Golf Partners shall submit to Owner, for approval, a proposed annual business
plan and operating budget (“Annual Plan and Budget”), which shall include goals,
objectives, estimated revenues, operating expenses and capital expenditures for the
ensuing fiscal year. The Annual Plan and Budget shall contain line item expenses and
revenues and shall contain monthly and annual budgets. Owner agrees that the Annual
Plan and Budget is intended to be a reasonable estimate of the operating performance of
the Facilities for the fiscal year. With respect to monthly budgets, Owner recognizes that
such budgets are intended as Affiniti Golf Partner’s estimate of the timing of revenues and
expenses but that weather and other factors impacting the operation of the Facilities may
cause anticipated revenues or expenditures indicated in the monthly budget figures to be
accelerated or delayed. Owner acknowledges that Affiniti Golf Partners has not made any
guarantee, warranty, or representation of any nature concerning the Annual Plan and
Budget, gross receipts or operating expenses.
Each Annual Plan and Budget shall be subject to the prior written approval of Owner,
which approval shall not be unreasonably withheld. It is contemplated by the parties that
the Annual Plan and Budget will be agreed upon by the parties not later than the
beginning of the fiscal year. If Owner fails to either approve the Annual Plan and Budget
Attachment number 1
Page 3 of 24
Item # 21
by the beginning of the fiscal year or to advise Affiniti Golf Partners of its objections to the
Annual Plan and Budget within such period, then Owner shall be deemed to have
approved the Annual Plan and Budget as submitted.
Once approved, Affiniti Golf Partners may propose amendments or revisions to the
Annual Plan and Budget to take into consideration variables or events that did not exist,
or could not reasonably be anticipated by Affiniti Golf Partners, at the time the Annual
Plan and Budget was prepared. Any such proposed amendments or revisions shall be
submitted in writing and shall be subject to Owner’s prior approval, which approval shall
not be unreasonably withheld, conditioned, or delayed.
5.3 Bank Accounts; Flow of Funds.
This Agreement contemplates that the flow of funds received and disbursed in
connection with the operation of the Facilities, shall be conducted through and controlled
by a system of accounts established by Affiniti Golf Partners (the “Accounts”). Affiniti Golf
Partners will establish the Accounts in its name at a bank(s) or other financial
institution(s) as determined by Owner and Affiniti Golf Partners. Owner and Affiniti Golf
Partners’ designees (as approved by Owner, which approval will not be unreasonably
withheld) shall be the only parties authorized to draw upon such Accounts. In the event
this Agreement is terminated, Affiniti Golf Partners shall execute such instruments as are
necessary to remove as signatories on the Accounts all employees of Affiniti Golf Partners
who have been so designated.
Notwithstanding anything to the contrary, Owner shall, if sufficient funds are not
available from operations, deposit into the Accounts sufficient funds to pay all Operating
Expenses and the Management Fee.
5.4 Staff.
(A) Affiniti Golf Partners shall be responsible for hiring such qualified personnel as
Affiniti Golf Partners shall deem reasonably necessary for the successful operation and
maintenance of the Facilities and the successful marketing and management of the golf
program and other business activities at the Facilities, including, but not limited to, the
general Owner of the Facilities, a golf director and/or head golf professional and any
assistant golf professionals, a food and beverage Owner and other management
personnel. All persons so employed by Affiniti Golf Partners shall be employees of
Affiniti Golf Partners and not Owner. Affiniti Golf Partners shall hire, promote,
discharge, transfer and supervise the work of all employees of the Facilities, all at
Affiniti Golf Partners’ reasonable discretion. Owner shall have the right to provide
comments to Affiniti Golf Partners about any employee in a Ownerial or supervisory
position prior to Affiniti Golf Partners hiring said personnel. Affiniti Golf Partners shall
hire and employ such personnel at such wages or salaries and on such terms and
conditions as are standard for such personnel at the time in the geographical
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employment market where the Facilities are located. Affiniti Golf Partners shall pay all
of the salaries, wages, payroll taxes and benefits due and owing to and/or on account of
such persons out of the Accounts. Affiniti Golf Partners shall deduct from such
employees’ salaries all required taxes, charges and assessments and shall make and file
such reports as may be required by the federal, state and local government agencies.
(B) Affiniti Golf Partners shall be responsible for compliance with all laws, regulation
and tax requirements relative to payroll and employment of all employees of the Facilities.
(C) All employees shall be employed by Affiniti Golf Partners. In addition to the Base
Fee and Incentive Fee, Owner shall be responsible to reimburse Affiniti Golf Partners for
all charges for the employment of such employees (including, without limitation,
employee salaries, bonuses, benefits, payroll taxes, workers compensation premiums,
unemployment premiums, health insurance, dental insurance, fringe benefits, etc.), it
being acknowledged by Owner and Affiniti Golf Partners that said charges shall be passed
through directly to Owner. For purposes of this sub-paragraph (C) the parties agree that
the costs passed through shall be all of the direct costs of employment (e.g., employee
salaries, bonuses, benefits, payroll taxes, workers compensation premiums,
unemployment premiums, health insurance, dental insurance, fringe benefits, payroll
services, etc).
5.5 Accounting.
Affiniti Golf Partners shall provide, with the exception of income tax returns, complete
accounting services for the Facilities, including accounts payable, supervision of payroll
processing, bank and general ledger reconciliations, cash management, sales and liquor
tax returns, and financial statement preparation. This work does not include the work of a
club accountant on site to prepare much of this work, membership statements, etc.
5.6 Fees and Charges.
Subject to the approval of Owner, Affiniti Golf Partners shall establish, maintain, revise
and administer the overall charge structure of the Facilities, including, without limitation,
membership initiation fees and dues, resident and nonresident greens fees, golf cart
rental fees, driving range fees, golf club rentals and any other services provided at the
Facilities.
5.7 Permits and Licenses.
Affiniti Golf Partners shall apply for, obtain and maintain or, when necessary, assist
Owner in applying for and obtaining all registrations, licenses, permits, approvals and
renewals thereof as Affiniti Golf Partners deems necessary for the lawful operation of the
Facilities, and such licenses, permits and renewals shall be obtained and maintained in
the name of Owner. Affiniti Golf Partners shall renew all registrations, licenses, and
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permits obtained hereunder and maintain same in full force and effect. All such
registrations, licenses, permits and renewals shall be the sole and exclusive property of
Owner. Without limiting the foregoing, Affiniti Golf Partners shall make commercially
reasonable efforts to secure for the Facilities, at the expense of the Owner, liquor licenses
that will permit the Facilities to offer patrons alcoholic beverages in conjunction with their
use and enjoyment of the Facilities. Said license shall permit Affiniti Golf Partners, as
exclusive Owner of the Facilities, on behalf of the Owner, to serve alcoholic beverages in
the normal course of business, and to carry out reasonable management and marketing
activities associated with the serving of alcoholic beverages. Affiniti Golf Partners shall
comply with all local, county, state and federal laws and regulations governing the serving
of alcoholic beverages, and shall properly direct all Facilities personnel in this regard
through policies, posting of notices and supervision. The liquor license shall be and shall
remain the property of Owner.
5.8 Vendor Services.
Affiniti Golf Partners shall, as authorized agent for Owner, enter into contracts in the
name of and at the expense of Owner for the furnishing to the Facilities all services
required for operation of the Facilities, including, without limitation, electricity, gas,
water, steam, telephone, catering services, consulting services, cleaning services, vermin
extermination services, Facilities maintenance, air conditioning maintenance, and cable
television services. Affiniti Golf Partners shall purchase all materials and supplies in the
name of, for the account of, and at the expense of Owner. Provided that any such vendor
contracts do not exceed one (1) year in length or are terminable by Affiniti Golf Partners
without penalty after one (1) year, Affiniti Golf Partners may select all vendors and sign
the vendor’s contracts as authorized agent on behalf of Owner. Any other vendor contracts
will be submitted to Owner for approval which approval will not be unreasonably
withheld, conditioned or delayed.
5.9 Repairs and Maintenance.
Affiniti Golf Partners shall arrange for the making or installing, at Owner’s expense and in
the name of Owner, of all repairs, decorations, or maintenance of furnishings, fixtures or
equipment to the Facilities, as Affiniti Golf Partners deems reasonable or necessary.
5.10 Capital Expenditures.
Owner recognizes the necessity, from time to time, of improvement and replacement of
facilities, and equipment at the Facilities and other ordinary capital improvements or
replacement items (collectively the “Capital Items”). Affiniti Golf Partners agrees that the
Annual Plan and Budget shall specifically include line items for capital repair and capital
replacement to maintain the Facilities at the level and standard required under this
Agreement. Such line items for capital repairs and capital improvements shall be subject
to Owner’s approval as part of the Owner’s approval of the Annual Plan and Budget.
Affiniti Golf Partners agrees to expend, on behalf of the Owner, only such amounts as set
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forth in the Annual Plan and Budget for Capital Items as shall be required in the normal
and ordinary course of operations of the Facilities, in order to operate the Facilities as set
forth in this Agreement. Affiniti Golf Partners shall make recommendations to Owner
regarding the expenditure of funds budgeted for Capital Items, and the design and
installation of any Capital Items shall be subject to Owner’s prior approval and inspection.
If approved by Owner, Affiniti Golf Partners shall supervise installation of Capital Items,
in accordance with such approval.
5.11 Compliance with Laws.
Affiniti Golf Partners shall arrange at Owner’s expense for compliance in all material
respects to the extent reasonably practicable with any statutes, ordinances, laws, rules,
regulations, orders, and determinations affecting the Facilities. Affiniti Golf Partners will
notify Owner of any notice that it receives of any non-compliance with statutes,
ordinances, laws, rules, regulations, orders, and determinations, and, with the prior
written consent of Owner make arrangements for curing the non-compliance, including
without limitation, any alterations or repairs ordered or required to cure such non-
compliance. The Annual Plan and Budget shall be amended to reflect the cost of curing
such non-compliance. Such revision to the Annual Plan and Budget may include Capital
Items to the extent required by applicable law, and expenditures to comply with
applicable law shall not be subject to Owner’s prior approval if the Capital Item must be
installed on an emergency basis so as to avoid violating applicable laws, rules and
regulations. Further, Affiniti Golf Partners shall promptly discharge any lien,
encumbrance or charge on or with respect to the Facilities and the operation thereof,
other than mortgages and/or other encumbrances agreed to by Owner.
5.12 Legal Actions.
Affiniti Golf Partners shall recommend to Owner any appropriate legal actions or
proceeding to collect obligations owing to the Facilities, or to cancel or terminate any
contract with the Facilities for breach thereof or default thereunder. Owner shall consider
such recommendations and act upon them in accordance with Owner’s policies and
procedures. Owner will provide prompt notice to Affiniti Golf Partners regarding the
chosen course of action.
5.13 Emergency Repairs.
In the event an emergency occurs at the Facilities as a result of fire or any other form of
casualty, which emergency presents an imminent risk to persons or property, Affiniti Golf
Partners shall have the right to take such steps and make such repairs as may be
necessary to protect damage to persons or property and to mitigate any potential future
damage to the Facilities. Notwithstanding the foregoing, Affiniti Golf Partners agrees that
to the extent the costs of such repair and replacement is less than $10,000.00 in such
circumstance, Affiniti Golf Partners shall have the right to undertake such emergency
repairs without Owner’s prior approval; provided, however, Affiniti Golf Partners agrees
that it shall endeavor to notify Owner as soon as possible of the occurrence of such event,
but in any event shall, within forty-eight (48) hours after the occurrence of any such
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emergency, notify Owner of the occurrence and nature of such emergency, the repairs
made or proposed to be made and the estimated cost thereof. The costs of such emergency
repairs shall be deducted from general operating funds of the Facilities subject to
replenishment of such funds from any applicable insurance proceeds. To the extent the
costs of repairs exceeds $10,000.00, Affiniti Golf Partners shall not undertake such repair
without the Owner’s prior written consent; provided, however, Affiniti Golf Partners may
expend up to $10,000.00 to stabilize the situation or mitigate potential further damage to
the Facilities.
6. Statements and Reports
Affiniti Golf Partners shall render statements to Owner as follows:
6.1 Monthly Statements.
On or before the twentieth (20th) day of each calendar month, Affiniti Golf Partners shall
render to Owner, a detailed statement of profit and loss together with a cash flow
summary of the Facilities for the preceding calendar month and year to date for the
portion of the operating year ended on the last day of such preceding calendar month.
6.2 Special Reports.
Affiniti Golf Partners shall prepare additional special reports from time to time at the
request of Owner to the extent such reports shall cover subject matters which are within
the normal scope of Affiniti Golf Partners’ contractual services under this Agreement.
6.3 Annual Statements.
On or before the thirty-first (31st) day after the end of each operating year, Affiniti Golf
Partners shall provide to Owner, a detailed statement of income and expenses of the
Facilities for the preceding operating year.
7. Compensation and Expenses
7.1 Management Fee.
As compensation for the services to be rendered by Affiniti Golf Partners
during the term of this Agreement, Owner will pay a Management Fee (which
amounts shall be paid by Affiniti Golf Partners from the Accounts) said fee to
consist of a base fee (the “Base Fee”) and an incentive fee (the “Incentive Fee”) as
more fully described in Exhibit A attached hereto. The Base Fee shall be due and
payable on the first day of each calendar month. The Incentive Fee shall be
calculated and any fees earned shall be distributed once per fiscal year after the
twelfth (12th) month on a fiscal year basis. The payment would be made no later
than thirty (30) days after the close of the twelfth (12th) month each fiscal year.
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7.2 Expenses.
Within ten (10) days after submission of appropriate invoices, the Facilities shall
reimburse Affiniti Golf Partners for all reasonable direct expenses incurred by
Affiniti Golf Partners’ in the course of providing the services contemplated in this
Agreement. Such expenses shall include, without limitation, travel, mileage, meals
and lodging expenses incurred by Affiniti Golf Partners personnel in connection
with such services. Affiniti Golf Partners personnel will fly “coach” and utilize,
whenever possible, relationships between the Facilities and area hotels to keep
such reimbursable costs as low as reasonably possible. Except as otherwise
provided for in this Agreement in Section 7.3, all indirect costs associated with the
providing of these services, such as off-site overhead, wages of Affiniti Golf
Partners personnel located off-site, off-site secretarial services and otherwise, shall
be the sole responsibility of Affiniti Golf Partners.
7.4 Affiniti Golf Partners Authorization to Draw.
Any required payments by Owner under Sections 7.1 and 7.2 shall be drawn by
Affiniti Golf Partners from the Accounts.
7.5 Renovation or Material Changes
In the event a Facility is closed for repair or renovation, or, if the annual business
plan is materially changed by the Owner, then Owner and Affiniti Golf Partners
agree that the total compensation to Affiniti Golf Partners will not be less than that
paid for the previous fiscal year.
8. Insurance
8.1 Required Coverage.
8.1.1 Owner agrees to procure and maintain, at all times during the
Operating Period, a minimum of the following insurance:
(i) Insurance on the Facilities and contents, including without
limitation the furnishings and equipment and operating inventories, against loss or
damage by fire, lightning and/or any other perils insurable under the form of “all risk”
coverage then available (including specifically irrigation and/or sprinkler system
leakage damage, vandalism and malicious mischief, if available), in an amount equal to
the full replacement value of the improvements and contents and with no co-insurance
provisions.
(ii) Business interruption insurance covering actual losses
sustained due to fire, lightning and other perils insurable under the form of “all risk”
coverage than available (including specifically irrigation and/or sprinkler system
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leakage damage, vandalism and malicious mischief, if available) in an amount equal to
the annual business interruption values and with no co-insurance provisions. Affiniti
Golf Partners shall be named as a loss payee to the extent of Affiniti Golf Partner’s
interests under this Agreement.
(iii) Comprehensive public liability insurance, including without
limitation bodily injury, personal injury, property damage, products liability,
innkeeper’s liability, contractual liability covering the provisions of this Agreement, and
liquor liability, in an amount not less than five million dollars ($5,000,000.00) single
limit per occurrence. Affiniti Golf Partners shall be a named insured on this policy.
(iv) Automobile liability insurance in an amount not less than
one million dollars ($1,000,000.00) single limit per occurrence. Affiniti Golf Partners
shall be a named insured on this policy.
8.1.2 Affiniti Golf Partners agrees to procure and maintain, as an
Operating Expense, at all times during the Operating Period, worker’s compensation
insurance covering all Facilities’ employees, employer’s liability insurance and
employment practices liability insurance in an amount not less than five hundred
thousand dollars ($500,000.00) or as required by law covering all Facilities’ employees,
and both such policies shall not contain a provision for participation by the insured in
any loss limits.
8.1.3 If Affiniti Golf Partners does not receive a certificate of insurance
from Owner’s insurance carrier or broker reflecting the effective maintenance of the
required policies of insurance as specified in Section 8.1 above within fifteen (15) days
following the Effective Date or at any time within fifteen (15) days prior to expiration of
any such policy, Affiniti Golf Partners may proceed to procure insurance coverage as
required in Section 8.1 with the cost of such insurance to be an expense of the Facilities
payable by Owner and drawn from the Accounts by Affiniti Golf Partners.
8.1.4 Owner acknowledges and understands that Affiniti Golf Partners
has made no representations or warranties that insurance specified in this Agreement is
adequate to protect Owner.
8.1.5 To the extent insurance coverages are required by any agreement
that binds the Owner or the Facilities that exceed the coverages shown in Section 8.1,
Affiniti Golf Partners shall maintain at Owner’s expense insurance of such additional
type and amount as Owner shall be required to carry.
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8.2 Policies.
All insurance coverage provided for under Section 8.1 above shall be secured through
policies issued by insurance companies of good reputation and of sound and adequate
financial responsibility having a general policy holder’s rating of not less than “A” and a
financial rating of not less than Class “X” in the most current edition of Best’s Insurance
Reports. The party procuring such insurance shall deliver to the other party certificates of
insurance with respect to all of the policies of insurance so procured, and in the case of
insurance about to expire, shall deliver certificates of insurance with respect to renewal
policies not less than fifteen (15) days prior to the respective dates of expiration.
8.3 Endorsements.
All policies of insurance provided for under Section 8.1 above shall, to the extent
obtainable, have attached an endorsement that such policy shall not be cancelled or
materially changed without at least thirty (30) days prior written notice to Owner and
Affiniti Golf Partners. The comprehensive public liability insurance required under
Section 8.1 and the automobile liability insurance required under Section 8.1 shall contain
an endorsement to the effect that such insurance shall be primary to any similar insurance
that may be carried by Affiniti Golf Partners.
8.4 Blanket Policies.
Any insurance policies provided by Owner under Section 8.1 may be affected under
policies of blanket insurance that cover other properties in addition to the Facilities, and
in such case an allocable portion of the premiums for such blanket policies of insurance
shall be charged to the Facilities.
8.5 Waiver of Claims; Waiver of Subrogation.
Neither Affiniti Golf Partners nor Owner shall assert against the other, and Owner and
Affiniti Golf Partners hereby waive with respect to each other, any claims and rights of
recovery for any losses, damages, liability or expenses (including attorneys’ fees) incurred
or sustained by either of them on account of injury to persons or damage to property
arising out of the Ownership, operation and maintenance of the Facilities. The foregoing
waiver applies to each party and to each party’s directors, officers, employees,
shareholders and agents to the extent the loss or damage is covered by the injured party’s
insurance or the insurance the injured party is required to carry under this Section 8.
Owner and Affiniti Golf Partners shall use commercially reasonable efforts to obtain from
the insurance companies providing insurance under this Agreement a written subrogation
waiver indicating that such insurance company waives all right of recovery by way of
subrogation which such insurance company may acquire against Owner or Affiniti Golf
Partners (as the case may be) and their insurance companies.
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8.6 Handling of Claims.
Owner understands and agrees that with respect to all policies of insurance required
under Section 8.1 (whether such policies are maintained by Owner or by Affiniti Golf
Partners), the portion of any losses, damages, and expenses paid with respect to such
claims which is subject to a deductible amount or a self-insurance or a self-assumption
amount shall be the sole responsibility of Owner and such amount shall be paid from the
Accounts.
8.7 Notice Of Claims.
Owner and Affiniti Golf Partners shall give prompt notice to the other of any third party
claims made against either or both of them, and shall cooperate fully with each other and
with any insurance carrier to the end that all such claims will be properly investigated,
defended and adjusted. Affiniti Golf Partners shall not hire any attorneys to defend any
such claim against Owner without Owner consent.
9. Events of Default
9.1 Owner.
With respect to Owner it shall be an event of default (“Event of Default”) hereunder if:
(1) Upon five (5) days written notice, Owner shall fail to make or cause to be
made any payment to Affiniti Golf Partners or to the Accounts required to
be made hereunder or to make any payment pursuant to any other
agreement between the parties;
(2) Owner shall fail to keep, observe or perform any agreement, term or
provision of this Agreement to be kept, observed or performed by it, and
such default shall continue for a period of thirty (30) days after notice
thereof to Owner by Affiniti Golf Partners; provided, however, Owner shall
not be in default if such matter cannot be reasonably cured within such
thirty (30) days and Owner commences cure within such thirty (30) days
and diligently prosecutes such cure to completion.
(3) (i) Owner applies for or consents to the appointment of a receiver, trustee
or liquidator of Owner or of all or a substantial part of its assets; (ii) Owner
files a voluntary petition in bankruptcy or commences a proceeding
seeking reorganization, liquidation, or an arrangement with creditors; (iii)
Owner files an answer admitting the material allegations of a bankruptcy
petition, reorganization proceeding, or insolvency proceeding filed against
Owner; (iv) Owner admits in writing its inability to pay its debts as they
come due; (v) Owner makes a general assignment for the benefit of
creditors; or (vi) an order, judgment or decree is entered by a court of
competent jurisdiction, on the application of a creditor, adjudicating
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Owner a bankrupt or insolvent or approving a petition seeking
reorganization of Owner or appointing a receiver, trustee or liquidator of
Owner or of all or a substantial part of its assets, and such order, judgment
or decree continues unstayed and in effect for any period of sixty (60)
consecutive days.
(4) One or more golf holes, the clubhouse, maintenance building, or any
material service of the Facilities shall be rendered incapable of normal
operation because of weather, fire or casualty, and shall not be repaired,
restored, rebuilt, or replaced within (twelve (12) months) after casualty,
subject to delay for force majeure.
(5) Through no fault of Affiniti Golf Partners, the licenses required for the
operation of the Facilities are at any time suspended, terminated, or
revoked, and such suspension, termination, or revocation shall continue
unstayed and in effect for a period of one-hundred eighty (180) days
consecutively, subject to delay for force majeure.
(6) A default after any applicable grace period or notice and cure period exists
and continues under any applicable debt document with respect to the
Facilities.
9.2 Affiniti Golf Partners.
With respect to Affiniti Golf Partners, it shall be an Event of Default
hereunder if Affiniti Golf Partners shall fail to keep, observe, or perform any
material agreement, term or provision hereof required to be kept, observed,
or performed by it, and such failure shall continue for a period of thirty (30)
days after notice thereof shall have been given to Affiniti Golf Partners by
Owner; provided, however, Affiniti Golf Partners shall not be in default if
such matter cannot be reasonably cured within such thirty (30) days and
Affiniti Golf Partners commences cure within such thirty (30) days and
diligently prosecutes such cure to completion.
10. Remedies Upon Default
10.1 Remedies of Affiniti Golf Partners.
If any Event of Default by Owner shall occur, which is not cured within the
applicable cure period, if any, Affiniti Golf Partners may (in addition to any
other remedy available to it in law or equity including, without limitation,
damages arising from the breach) terminate this Agreement. In the event
Affiniti Golf Partners elects to terminate this Agreement, in addition to the
remedies above, Affiniti Golf Partners may recover as full liquidated
damages for future Base Fees and Incentive Fees that could have been
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earned under this Agreement, an amount equal the most recent three
months base and incentive fees earned.
Affiniti Golf Partners and Owner have made these provisions for liquidated
damages as it would be difficult to calculate on the date hereof, the amount
of actual damages for such breach and agree that these sums represent
reasonable compensation to Affiniti Golf Partners for such breach by
Owner.
10.2 Remedies of Owner.
If any Event of Default by Affiniti Golf Partners shall occur and be
continuing, Owner may, as its sole and exclusive remedy on account of such
Event of Default, forthwith terminate this Agreement. In such event,
Affiniti Golf Partners shall be entitled to receive payment of all undisputed
and unpaid amounts due to Affiniti Golf Partners pursuant to the terms
hereof with interest at ten percent (10%) per annum until paid, unless
prohibited or otherwise limited under applicable law, in which event such
charges shall not exceed the amount collectible under such law, and neither
party shall have any further obligations whatsoever under this Agreement,
except pursuant to the indemnity provisions of Section 11.
10.3 Rights Cumulative; No Waiver.
The failure of either party hereto to insist any time upon the strict
observance or performance of any of the provisions of this Agreement or to
exercise any right or remedy as provided in this Agreement, shall not impair
any such right or remedy or be construed as waiver or relinquishment
thereof with respect to subsequent defaults. Every right and remedy given
by this Agreement to the parties hereof may be exercised from time to time
and as often as may be deemed expedient by the parties hereto, as the case
may be.
11. Termination
11.2 Termination by Owner
Notwithstanding the provisions of 9.1 of this Agreement, Owner may terminate
this Agreement without cause or justification at any time. Owner shall give
Affiniti Golf Partners sixty (60) days written notice. Upon effective date of
termination of this Agreement, all amounts due and owing between parties shall
become immediately due and payable. All amounts due to or from a party shall
be paid through the effective date of termination in the same manner such
amounts would have been paid if this Agreement had not been terminated. The
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amount of any incentive fee due Affiniti Golf Partners shall be computed as of the
effective date of termination.
11.2 Termination by Affiniti Golf Partners
So long as Owner is not in default of any provision of the Agreement, Affiniti Golf
Partners shall not, without written consent of Owner, be entitled to terminate this
Agreement. During any Renewal Term, Affiniti Golf Partners shall be entitled to
terminate this Agreement upon three months written notice to Owner. In the event
that, in accordance with the terms hereof, Affiniti Golf Partners terminates this
Agreement, Affiniti Golf Partners shall be entitled to receive its compensation
through and including the actual date of termination as provided in the notice to
Owner.
12. Indemnification
12.1 To the extent not covered by Owner’s insurance, Owner agrees to
indemnify, protect, defend, and hold harmless Affiniti Golf Partners and its Owners,
officers, directors, and employees from and against any and all claims, demands,
actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines,
attorneys’ fees, costs and expenses through all levels of appeal:
(i) which result from any event, condition, or activity occurring or existing
prior to the Effective Date; or
(ii) which relate to any labor or employment condition or situation occurring or
existing prior to the Effective Date; or
(iii) which relate to or arise from the presence in, on, under or about the
Facilities, or the escape, seepage, leakage, spillage, discharge, emission or
release, of any hazardous materials, toxic substances or petroleum products
(as defined or regulated under any and all applicable federal, state and local
environmental, health or safety laws, ordinances and regulations) from or
through the Facilities, including without limitation any and all costs of any
required or necessary repair, cleanup, remediation or decontamination of
the Facilities, and the preparation and implementation of any closure,
remedial or other required plans; or
(iv) which results from any act or omission by Affiniti Golf Partners in
connection with the management and operation of the Facilities (1) that is
expressly authorized by this Agreement, or (2) that is within the scope of
Affiniti Golf Partner’s duties under this Agreement, or (3) that is within
Affiniti Golf Partner’s delegated authority under this Agreement, or (4) that
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was either at the direction of Owner, unless such act or omission constitutes
gross negligence or willful misconduct on the part of any employee of
Affiniti Golf Partners (and is neither at the direction of Owner nor with the
approval of Owner), in which event Affiniti Golf Partners shall not be
indemnified under this Section 11.1; and
(v) which results from any act or omission constituting gross negligence or
willful misconduct on the part of Owner or its employees.
13. Trade Names and Intellectual Property
The Facilities shall be known by such trade name and/or trademark or logo as may from
time to time be determined by Owner. All names, logos and designs used at the Facilities
shall be the exclusive property of Owner. However, during the term of this Agreement
Affiniti Golf Partners shall have a non-exclusive license to use such names, logos and
designs in connection with the operation of the Facilities.
Affiniti Golf Partners may identify the Facilities as golf courses managed and operated by
Affiniti Golf Partners and may use the name “Affiniti Golf Partners, Inc.” or the Affiniti
Golf Partners, Inc. logo alone or in conjunction with other words or names or designs
owned by Affiniti Golf Partners or any of its affiliates. It is recognized that the name
“Affiniti Golf Partners, Inc.” together with any other names, logos or designs owned by
Affiniti Golf Partners or any of its affiliates and used in the management and operation of
the Facilities (including without limitation any such names, logos or designs used in
connection with the restaurant, banquet rooms and meeting rooms in and about the
Facilities), together with appurtenant goodwill, are the exclusive property of Affiniti Golf
Partners or its affiliates (collectively, the “Affiniti Golf Partners-Owned Names”).
Accordingly, Owner agrees that no right or remedy of Owner for any default on the part of
Affiniti Golf Partners under this Agreement shall, nor shall any provision of this
Agreement, confer upon Owner or its successors or assigns the right to use Affiniti Golf
Partners-Owned Names in the operation of the Facilities or otherwise.
All intellectual property of the Club including but not limited to websites, proprietary
software, and/or systems are the property of the Owner. Upon termination of this
Agreement, such property will remain with the Owner.
14. Notices
Any and all notices, consents, or directives by either party intended for the other shall be
in writing and shall be deemed to have been duly given as of the date and time the same
are personally delivered, or within three (3) days after depositing with the United States
Postal Service, postage prepaid by registered or certified mail, return receipt requested, or
within one (1) day after depositing with Federal Express or other nationally recognized
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overnight delivery service from which a receipt may be obtained, and addressed as
follows, unless either party shall have designated a different address by serving written
notice of change or address as provided herein.
If to Owner: Mr. Tom Beck
City of Augusta, Georgia
Director, Recreation, Parks & Facilities Department
2027 Lumpkin Rd.
Augusta, GA 30906
If to Owner: Mr. Whitney Crouse
Affiniti Golf Partners
3430 Highway Nine
Alpharetta, GA 30004
15. Sale or Transfer of Control
In the event of the sale or other transfer of control over the Facilities, Owner will assign
this Agreement to the purchaser or transferee, and upon such assignment and the written
assumptions by the purchaser of all the obligations of Owner to Affiniti Golf Partners
hereunder, Owner shall be fully released and relieved of all obligations hereunder.
16. Force Majeure
If at any time it becomes necessary in either party’s reasonable opinion to cease
operation of all or part of the Facilities to protect the Facilities or the health, safety and
welfare of tenants, invitees, guests or employees of the Facilities for reasons of force
majeure such as, but not limited to, acts of war, insurrection, civil strife and commotion,
labor unrest, contagious illness, catastrophic events, or acts of God, then, in such event,
Affiniti Golf Partners or Owner may close and cease operation of all or part of the
Facilities, reopening and commencing operation when such may be done without
jeopardy to the Facilities, its tenants, invitees, guests and employees. The time for
performance of an obligation to which such force majeure applies shall be extended for a
period of time equivalent to the delay from such cause, provided that at no time shall the
safety or welfare of Facilities’ tenants, invitees, guests or employees be at risk nor shall
Owner’s interest in the Facilities be threatened or otherwise be put in jeopardy.
17. Casualty and Condemnation
17.1 In the event fire, windstorm or other casualty shall damage or destroy the
Facilities or any portion thereof, Owner may restore the Facilities, or at Owner’s sole
option, terminate this Agreement immediately upon written notice to Affiniti Golf
Attachment number 1
Page 17 of 24
Item # 21
Partners without any claim of liability against Owner by Affiniti Golf Partners. If Owner
elects not to restore the Facilities, Owner shall pay to Affiniti Golf Partners a
termination fee equal to the prior year’s Base Fee plus Incentive Fee, which fee shall be a
termination fee.
17.2 If the whole of the Facilities shall be taken or condemned in any eminent
domain, condemnation, compulsory acquisition or similar proceeding by any competent
authority for any public or quasi-public use or purpose, or if such portion which is
materially all thereof shall be taken or condemned and as a result the Facilities can no
longer be operated as contemplated herein in an economically viable manner, this
Agreement shall terminate as of the date of such taking. Upon such termination, neither
party shall have any further obligation to the other party hereunder, except with respect
to liabilities accruing, or based upon events occurring, prior to the effective date of such
termination. If this Agreement is not terminated as set forth above, Owner may, in
Owner’s sole discretion, repair any damage to the Facilities, or part thereof, or alter or
modify the Facilities, or part thereof, or elect to terminate this Agreement immediately
upon written notice to Affiniti Golf Partners.
18. Definitions
1. “Net Operating Income” shall mean that amount, if any, by which Gross Revenues
exceed Gross Operating Expenses for the particular period in question.
“Gross Revenues” shall mean all receipts derived and actually received from the
operation of the Facilities from cash or credit transactions during the term of the
Agreement, computed on an accrual basis, including, but not limited to, initiation fees or
deposits, member dues, guest fees, the amount of all sales (wholesale or retail) of goods,
wares, or merchandise on, at, or from the Facilities or for services of any nature
performed on, at, or from the Facilities, determined in accordance with generally accepted
accounting principles applied on a consistent basis. Gross Revenues shall be reduced by
any refunds, rebates, discounts, and credits of a similar nature given, paid, or returned by
Affiniti Golf Partners in the course of obtaining such Gross Revenues.
Gross Revenues shall not include:
(A) Applicable gross receipts taxes, sales and use taxes, or similar
governmental charges collected directly from patrons, members or their
guests or as a part of the sales price of any goods or services;
(B) Gratuities added to billings as compensation to employees of the
Facilities,
(C) Proceeds of borrowings by Owner;
(D) Insurance proceeds paid as a result of an insurable loss, unless paid for
the loss or interruption of business;
(E) Any portion of any initiation fee or deposit which may be refundable;
Attachment number 1
Page 18 of 24
Item # 21
(F) Any eminent domain, condemnation or similar proceeds with respect to
the Facilities;
(G) Proceeds from the sale of Capital Items;
(H) Sales of any property, capital assets or other assets not in the ordinary
course of business; or
(I) Any funds provided by Owner.
2. “Operating Expenses” shall mean all operating expenses of the Facilities incurred
or paid on behalf of Owner during the term of the Agreement, computed on an
accrual basis, including, but not limited to, the following items:
(A) Salaries, wages, employee benefits, and payroll expenses, including
payroll taxes, and insurance of (a) all employees employed on-site in the
direct operation of the Facilities, (b) all employees employed off-site to
the extent their responsibilities are directly related to the day-to-day
operation of the Facilities;
(B) Marketing, advertising, and promotional expenses;
(C) Replacement of inventories of maintenance parts and supplies, food
stores and bar supplies;
(D) Replacement of broken, lost or damaged silverware, chinaware,
glassware, cooking utensils and other similar items of equipment.
(E) Office supplies, postage, printing, routine office expenses, and accounting
services incurred in the on-site operation of the Facilities;
(F) The management fee;
(G) The costs of entertainment at the Facilities;
(H) Reasonable travel expenses of on-site employees incurred exclusively in
connection with the business of the Facilities;
(I) Accrual of a reserve for insurance and property taxes each fiscal month in
an amount or at a rate that is sufficient to pay such insurance premiums
or property taxes when they become due and payable;
(J) Insurance premiums for Owner’s insurance and property taxes;
(K) Auditing, accounting costs, payroll fees, computer fees, and legal fees
incurred in respect of the operation of the Facilities;
(L) Costs incurred for utilities, including, but not limited to all electric, gas,
and water costs, and any other private utility charges incurred in
connection with the operation of the Facilities;
(M) All lease payments on any item of furniture, fixtures, or equipment
utilized in the operation of the Facilities, except as set forth below;
(N) All out-of-pocket expenses incurred by Affiniti Golf Partners in providing
the services under the terms of this Agreement; and
(O) All other customary and reasonable expenses incurred in the operation of
the Facilities.
Attachment number 1
Page 19 of 24
Item # 21
Any of the above provisions resulting in a double inclusion as an Operating Expense shall
be allowed as an inclusion only once. Operating Expenses shall not include, although
Owner shall be responsible for paying and Owner shall fund the Accounts sufficient to
make such payments, (i) depreciation or amortization, (ii) principal or interest payments
on indebtedness, (iii) ground lease rent, (iv) deductible, co-insurance, self-insurance or
similar amounts payable with respect to any occurrence or insurance claim, and (v)
federal and state income taxes incurred by Owner. Operating Expenses shall also not
include any items excluded from Gross Revenues, which nevertheless have to be paid by
Owner or the Facilities.
19. Miscellaneous
19.1 Entire Agreement.
This Agreement sets forth the entire agreement of the parties hereto and cannot be
changed or modified except by another agreement in writing signed by the party sought to
be charged therewith or by its duly authorized agent.
19.2 Non-Assignability.
Except as otherwise provided, this Agreement cannot be assigned, encumbered or
subcontracted by either party without the prior written consent of the other party, which
consent shall not be unreasonably withheld.
19.3 Executed Counterparts.
This Agreement may be executed in one or more counterparts, each of which shall for all
purposes be deemed an original.
19.4 Captions.
The captions of various of the provisions of this Agreement are included for convenience
only, and are in no way to be construed as part of this Agreement or as a limitation upon
the scope of the particular provisions to which they refer.
19.5 Successor and Assigns.
This Agreement and all the provisions hereof shall be binding upon, and shall inure to the
benefit of, the parties hereto and their respective successors and assigned.
19.6 Governing Law.
This Agreement shall be governed and construed in accordance with the laws of the State
in which the Facilities are located.
Attachment number 1
Page 20 of 24
Item # 21
19.7 Severability.
If any of the provisions of this Agreement shall be construed to be illegal or invalid, such
construction shall not affect the legality or validity of any of the other provisions hereof,
and the illegal or invalid provisions hereof shall be deemed stricken and deleted from this
Agreement to the same extent as if never incorporated herein, but all other provisions
hereof shall remain in full force and effect.
19.8 Attorneys’ Fees.
In the event it becomes necessary for either party hereto to file suit to enforce this
Agreement or any provision contained herein, the party prevailing in such suit shall be
entitled to recover, in addition to all other remedies or damages, as provided herein,
reasonable attorneys’ fees, paralegal fees and costs incurred in such suit at trial, appellate,
mediation, arbitration, bankruptcy and/or administrative proceedings.
19.9 No Third Party Beneficiaries.
It is the intention of the parties to this Agreement that no third party shall have the
benefit of or any right under any of the provisions hereof.
19.10 Non-recordation.
This Agreement may, at the option of Affiniti Golf Partners, be recorded in any office or
place of public record.
19.11 Inspection of Facilities.
Owner, and its lenders and agents, shall have the right from time to time to inspect the
Facilities.
19.12 Confidentiality.
The terms and provisions of this Agreement shall be confidential between Owner
and Affiniti Golf Partners and shall be released to third parties only in connection with
carrying out their respective duties and obligations described herein, in connection with
any order of court, to comply with governmental rules and regulations, and as required
by any proposed purchaser or mortgagee of all or any portion of Owner’s or Affiniti Golf
Partner’s interests in the Facilities and this Agreement, and then only to the extent as
may be reasonable necessary. The foregoing shall not be construed to limit Affiniti Golf
Partner’s ability to announce both privately and publicly that it manages the Facilities.
19.13 Time of the Essence.
Time is of the essence of this Agreement.
19.14 Estoppel Certificate; Release of Agreement.
Attachment number 1
Page 21 of 24
Item # 21
Affiniti Golf Partners and Owner agree to furnish to the other party from time to
time, within ten (10) days after request by such party, an Estoppel certificate setting
forth any defaults under this Agreement known to the party furnishing the Estoppel
certificate, stating that this Agreement is unmodified and in full force and effect or, if
not, stating the details of any modification and whether this Agreement as modified is in
full force and effect and the date to which payments have been made. Such Estoppel
certificate shall be provided at no cost to the requesting party. Upon termination of this
Agreement, Affiniti Golf Partners shall, upon request by Owner, execute such
documents and instruments in recordable form as may be necessary to evidence
termination of this Agreement and all rights of Affiniti Golf Partners hereunder.
19.15 No Party Deemed Draftsman.
The Owner and Affiniti Golf Partners have negotiated all provisions of this
Agreement at arms length and with full representation by their respective legal counsel.
This Agreement shall not be construed for or against either party by reason of the
authorship or alleged authorship of any provision hereof or by reason of the status of the
respective parties. Owner and Affiniti Golf Partners agree that no party shall be deemed
to be the draftsman of this Agreement and further that in the event that this Agreement
is ever construed by a court of law, such court shall not deem either party to be the
draftsman of this Agreement.
19.16 Survival of Covenants.
Any covenant, term or provision of this Agreement, which, in order to be
effective, must survive the termination of this Agreement, shall survive any such
termination.
19.17 Incorporation by Reference.
The recitals first set forth above in this Agreement and all exhibits, appendices
and attachments hereto are hereby incorporated herein by reference and made a part of
this Agreement.
19.18 Calculation of Time Periods.
Wherever under the terms and provisions of this Agreement the time for
performance falls upon a Saturday, Sunday, or legal holiday, such time for performance
shall be extended to the next following business day.
In witness whereof, Owner and Affiniti Golf Partners have executed, or caused to be
executed, this Agreement by and through their duly authorized officers all as of the day
and year first above written.
Attachment number 1
Page 22 of 24
Item # 21
For The Owner
By:________________________________________
Its:________________________________________
Attest:_____________________________________
For Affiniti Golf Partners
By:________________________________________
Its:________________________________________
Attest:_____________________________________
Attachment number 1
Page 23 of 24
Item # 21
Exhibit “A”
Management Fees
The management fee for the first 12 months of operation shall be $5,000 per month and
shall include turnkey club operations and accounting services. Each year, on the
anniversary of this Agreement, the monthly fee shall increase by 3%.
Affiniti Golf Partners will have the ability to earn an incentive fee to the aforementioned
base fee, with said incentive fee paid according to and commensurate with the financial
performance of the club. The incentive fee is typically set at an additional 25% of the total
base fee or ($15,000). The total management fee incentive is paid if the budgeted EBITDA
for the club is attained. The management fees shall be paid through a combination of a
monthly base fee and an incentive fee, the latter to be paid once per year within 30 days of
the end of the twelfth month of the fiscal year.
An example of how the EBITDA Incentive Fee would be paid is as follows:
If the budgeted EBITDA goal is achieved, Affiniti receives the full/budgeted incentive
fee. For every dollar achieved greater than the EBITDA goal, we calculate the % above
the EBITDA goal and Affiniti receives the same amount of % higher than the Incentive
Fee. For every dollar achieved less than EBITDA goal we calculate the % below the
EBITDA goal and Affiniti receives the same amount of % lower than the Incentive Fee.
Attachment number 1
Page 24 of 24
Item # 21
Options for Operation of
Augusta Municipal Golf Course
“The Patch”
Item # 21
Option 1
Continue Current Operations
Option 2
Lease all Operations to Private Entity
Option 3
Implement “Patch Committee”
Recommendation to Hire Management
Firm and Partner with First Tee of Augusta
Item # 21
Option 1 :
Continue Current Operations
•Operated in house by City forces
•Staffing would continue as current
•Place operation in General Fund (i.e. Augusta
Aquatics Center & Newman Tennis Center)
•City responsible for all expenses & revenues
•Financial Impact
–2010 Actual Net (before cost allocation &
depreciation) - ($142,295)
–2011 Actual Net (before cost allocation &
depreciation) - $72,807
Item # 21
Key Points of Option 1:
•Customer service continues as known
product
•City has control over rates and fees and all
other operations
•City would in all probability continue to
operate in a financial deficit
•New ideas & services would be limited
Option 1 - Continue Current Operations
Item # 21
•RFP-10-142A was issued by Augusta Procurement
Department and opened February 11, 2011
•One (1) compliant bidder: Patch of Augusta, LLC.
–Principal Owners:
Brian Hendry – Aberdeen, Scotland
Michael Kistler – Savannah, Georgia
–Met minimum service requirements of bid
–New Company
–Interview panel rated overall proposal at 80.8 out of
100
Option 2:
Lease Golf Course to Private Entity
Item # 21
Option 2:
Lease Golf Course to Private Entity
Continued
•Highlights of Proposal
–Want to keep rates affordable for 51 weeks
of the year
–Major emphasis on Master’s week for
revenue through packages and rate
increases
–Ten (10) year lease
Item # 21
•Financial Impact
–All expenses and revenues are inherited
by Patch of Augusta, LLC
–General Fund subsidy will end of $ 150,000
to $200,000 per year
–Will pay City of Augusta $ 1,000 per month
or $ 12,000 per year
–Will pay City of Augusta $ 80,000 for
existing equipment
Option 2:
Lease Golf Course to Private Entity
Continued
Item # 21
Key Points of Option 2:
•Eliminates all financial risk for City of
Augusta
•New ideas for improved services could be
beneficial
•City loses control over rates and fees
•Current Golf Course Staff would not be
guaranteed employment
Option 2 - Lease Golf Course to Private Entity
Item # 21
•“Patch Committee” was comprised of representatives of
Paine College, Augusta State University, Richmond
County Board of Education, First Tee of Augusta, and
members of the Patch.
•Report presented to Augusta Commission February 15,
2011 consisted of the following primary
recommendations:
–That a professional golf management company be hired to
operate the golf course. It is our belief that hiring an
experience management company has the highest
probability of improving the operation and financial position
of the course and thus ensuring the long-term viability of
The Patch.
Option 3:
Implement “Patch Committee”
Recommendation to Hire Management Firm
and Partner with First Tee of Augusta
Item # 21
–That a commission be established to oversee the
management company in order to protect the interests of
the Commission, taxpayers, and constituents that currently
utilize The Patch. This is similar to the model currently
employed by the Forest Hills Golf Course, which has
enjoyed recent success in increasing both the profitability
and the improving the golfer’s experience.
–That rates and dues be increased
–That advertising and promotion be increased to a
reasonable level
–That food and beverage operations be expanded
–That the course officially be renamed “The Patch”
Option 3:
Implement “Patch Committee”
Recommendation to Hire Management Firm
and Partner with First Tee of Augusta
Continued
Item # 21
Projected Cash Flow with Management Company
2011 2012 2013 2014 2015
Rounds 22,050 23,000 24,000 25,000 26,000
Club Revenues
Golf 419,184 445,989 474,688 504,356 535,020
Food & Beverage 77,616 82,579 87,893 93,386 99,064
Total Club Revenues: 496,080 534,197 575,006 617,194 660,799
Cost of Goods Sold
Golf Merchandise 11,576 11,808 12,044 12,285 12,531
Food & Beverage 27,115 28,849 30,705 32,624 34,608
Total Cost of Goods Sold: 38,691 40,657 42,749 44,909 47,139
Gross Margin – Operations 457,389 493,540 532,257 572,285 613,660
Club Expenses
Golf 148,096 151,058 154,079 157,161 160,304
Food & Beverage 31,857 32,494 33,144 33,806 34,483
Maintenance 153,113 156,175 159,299 162,485 165,735
G & A 138,148 140,911 143,729 146,604 149,536
Total Club Expenses: 471,214 480,638 490,250 500,055 510,058
Net Operating Cash Flow: (13,825) 12,902 42,006 72,229 103,602
Management Fees: (75,000) (75,000) (75,000) (75,000) ( 75,000)
Net: (88,824) (62,098) (32,993) ( 2,770)28,604
Item # 21
Partnership with First Tee of Augusta
-First Tee would reduce size of lease from forty (40) acres to
approximately twenty (20) acres
-Six (6) golf holes would be reduced to two (2) holes and new
practice tee would be constructed
-Augusta Municipal Golf Course would provide maintenance
and upkeep of First Tee through a service contract
-Augusta Municipal Golf Course would provide guaranteed tee
times to First Tee participants at a reduced rate
-Projected new net revenues from First Tee of Augusta: $ 30K to
$50K
-Approximately twenty (20) acres could be purchase by Augusta
State University for future expansion.
- Proceeds from sale could be allocated back to both Augusta
Municipal Golf Course and First Tee of Augusta for course
improvements
Item # 21
Summary of Projected First Year Financials
(not Including Cost Allocation/Depreciation)
Operating loss: ($ 13,824)
New Revenue-First Tee: $ 30,000
Net: $ 16,176
Item # 21
Key Points of Option 3:
•City retains control over rates and fees
•Management contract term is flexible
•First Tee of Augusta program continues
•Augusta State University potentially can acquire needed
property from expansion
•New ideas from management firm could be beneficial
•City retains employment approval for all Golf Course staff
employed by management firm
•Deficit reduction still an unknown
•Cost of management firm contract: approx. $ 75,000 per
year
Option 3: Implement "Patch Committee" Recommendation to Hire
Management Firm and Partner with First Tee of Augusta
Item # 21
Other Options
Item # 21
Attachment number 3
Page 1 of 4
Item # 21
Attachment number 3
Page 2 of 4
Item # 21
Attachment number 3
Page 3 of 4
Item # 21
Attachment number 3
Page 4 of 4
Item # 21
CommissionMeetingAgenda
7/19/20115:00PM
MinutesfromBoardsandCommissions
Department:ClerkofCommission
Caption:Motionto approvetheimplementationofapolicyrequiringall
ARCboards,authoritiesandcommissionssubmitane lectronic
versionofmeetingminutestotheClerkofCommissi onfor
disseminationtomembersofthecommissionexcludin gthose
membersofthecommissionthatmaychoosetooptou tandpost
minutesonthecity'swebsite.(ApprovedbyAdministrative
ServicesCommitteeJuly11,2011)
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 22
Attachment number 1
Page 1 of 1
Item # 22
CommissionMeetingAgenda
7/19/20115:00PM
MotiontotaskAdministrativeServicesCommitteewi thdevelopingareportandrecommendationforan
organizationalstructureandjobdescriptionsforE qualEmploymentOpportunityandMinorityand
SmallBusinessOpportunityconsistentwiththeChar ter.
Department:CommissionerAitken
Caption:Motiontoscheduleaworksessiontofurtherdiscus sdevelopinga
reportandrecommendationforanorganizationalstr uctureandjob
descriptionsforEqualEmploymentOpportunityandM inorityand
SmallBusinessOpportunityconsistentwiththeChar ter.
(DisapprovedbytheAdministrativeServicesCommitt eeJuly
11,2011)
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 23
CommissionMeetingAgenda
7/19/20115:00PM
AnOrdinancetoAmendtheAugusta,GA.CodeSection s8-1-5through8-1-9RelatingtotheCreation
andDutiesofthePlanningandDevelopmentDepartme nt
Department:Administrator
Caption:AnOrdinancetoamendtheAugusta,GA.CodeTitleE ight
ChapterOneArticleOneSections8-1-5through8-1-9relatingto
theCreationandDutiesofthePlanningandDevelop ment
Department;torepealallCodeSectionsandOrdinan cesandpart
ofCodeSectionsandOrdinancesinconflictherewit h;toprovide
aneffectivedateandforotherpurposes.(Norecommendation
fromAdministrativeServicesCommitteeJuly11,201 1)
Background:OnMarch30,2011,theAugustaGeorgiaCommissiona pproved
theAdministrator’sreorganizationplanasdescribe dinthe
Augusta,GeorgiaProposedGovernmentReorganization Draft
ProjectPlan.ThisProjectPlanrequiresthecreati onofan
Augusta,GeorgiaPlanningandDevelopmentDepartmen t.
Analysis:ToupdateandamendtheCodeasrelatedtoThisOrd inance
establishestheAugusta,GeorgiaPlanningandDevel opment
DepartmenttobeconsistentwiththeProposedGover nment
ReorganizationDraftProjectPlan.
FinancialImpact:N/A.
Alternatives:DeclinetoamendCodeatthistime.
Recommendation:Approve.
FundsareAvailable
intheFollowing
Accounts:
N/A.
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 24
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 24
ORDINANCE NO. ___________
An Ordinance to Amend the Augusta, GA. Code Title Eight Chapter One
Article One Sections 8-1-5 through 8-1-9 Relating to the Creation and Duties
of the Planning and Development Department; To Repeal All Code Sections
and Ordinances and Part of Code Sections and Ordinances in Conflict
Herewith; To Provide an Effective Date and for Other Purposes.
WHEREAS, on March 30, 2011, the Augusta Georgia Commission approved the
$GPLQLVWUDWRU¶VUHRUJDQL]DWLRQSODQDVGHVFULEHGLQWKe Augusta, Georgia Proposed
Government Reorganization Draft Project Plan; and
WHEREAS, such Proposed Government Reorganization Draft Project Plan
requires the creation of an Augusta, Georgia Planning and Development
Department; and
WHEREAS, Augusta, Georgia desires to update and amend the Code as related to
the creation of the Augusta, Georgia Planning and Development Department to be
consistent with the Proposed Government Reorganization Draft Project Plan;
THE AUGUSTA, GEORGIA COMMISSION, ordains as follows:
SECTION 1. AUGUSTA, GA. CODE Sections 8-1-5 through 8-1-9 as set forth in the
Augusta, Ga. Code, re-adopted July 10, 2007, are hereby amended by striking
these sections in their entirety DVVHWIRUWKLQ³([KLELW$´KHUHWRand inserting in
lieu thereof new Code Sections 8-1-5 through 8-1-9, restated as set forth in
³([KLELW%´KHUHWR
SECTION 2. This ordinance shall become effective the first day of November,
2011.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Adopted this _____ day of , 2011.
___________________________
David S. Copenhaver
As its Mayor
Attest:
Attachment number 1
Page 1 of 7
Item # 24
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 2 of 7
Item # 24
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that
the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on_________________, 2011 and that such Ordinance has not been modified or
rescinded as of the date hereof and the undersigned further certifies that attached
hereto is a true copy of the Ordinance which was approved and adopted in the
foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
First Reading ______________________
Second Reading ______________________
Attachment number 1
Page 3 of 7
Item # 24
Exhibit A
Secs. 8-1-5. ± 8-1-9. Reserved.
Attachment number 1
Page 4 of 7
Item # 24
Exhibit B
Sec. 8-1-5. Creation of Planning and Development Department; Duties - Generally.
(a) The Augusta, Georgia Planning and Development Department is hereby established, and
the Commission shall employ the necessary staff to administer and enforce the provisions
of this and related Chapters.
(b) The person in charge of the Augusta, Georgia Planning and Development Department
shall be known as the Director of Planning and Development. The Director shall enforce
the provisions of this and related Chapters, and he/she or his/her duly authorized
representative shall perform any duty imposed upon him/her by this and related Chapters.
(c) The Planning and Development Department shall have as its duties and responsibilities
the following:
(1) Prepare and recommend to the Planning Commission a Master Plan or parts thereof
for the development of Augusta, Georgia.
(2) Prepare and recommend to the Planning Commission a Comprehensive Zoning
Ordinance and map or maps thereto;
(3) Prepare and recommend to the Planning Commission zoning map(s) and Special
Exceptions;
(4) Prepare, publish, and distribute maps, plans, reports, and recommendations relating to
the planning and development of Augusta, Georgia;
(5) Recommend to the Augusta, Georgia Commission programs for public improvements
and financing thereof;
(6) In the performance of these functions, enter upon land, make examinations and
surveys, and place and maintain necessary signs, monuments, or markings thereon;
(7) Any other function or duty delegated to the Planning and Development Department or
its Director under the provisions of this Code; and
(8) Any other function or duty which may from time to time be delegated to the Planning
and Development Department or its Director.
Sec. 8-1-6. Performance of duties ± Master Plan.
(a) It shall be the duty of the Planning and Development Department to prepare and
recommend for adoption and amendment a Master Plan of Augusta, Georgia to the
Planning Commission.
(b) Such Master Plan may show, among other things, the following:
Attachment number 1
Page 5 of 7
Item # 24
(1) Existing and proposed streets, highways, expressways, bridges, tunnels and viaducts
and approaches thereto; routes of railroads and transit lines; terminals, ports and
airports.
(2) Parks, playgrounds, forests and other public open spaces.
(3) Sites for public buildings, structures and facilities.
(4) Land areas for residential, business, industrial, recreational, agricultural, forestry, and
special purposes and uses.
(5) Limited development areas for purposes of conservation, water supply, sanitation,
drainage, historic preservation, protection against flooding and similar environmental
considerations.
(6) Areas for housing development, slum clearance, and urban renewal and
redevelopment.
(7) Location of public utilities whether publicly or privately owned, including but not
limited to sewerage and water supply.
(8) Zoning districts and other planning features.
(9) Time and priority schedules and cost estimates for the accomplishment of the
proposals.
(c) The Master Plan shall be based upon and include appropriate studies of the location and
extent of present and anticipated other pertinent data.
(d) Such Plan may be adopted, added to and changed from time to time by the Augusta,
Georgia Commission. It shall be a public record, but its purpose and effect shall be
solely to aid the Planning and Development Department and the Planning Commission in
the performance of their duties.
Sec. 8-1-7. Performance of duties ± Zoning ordinance and maps.
(a) It shall be the duty of the Planning and Development Department to prepare and
recommend for adoption and amendment to the Planning Commission a zoning ordinance
and map or maps. The purpose of such ordinance and map or maps shall be to regulate:
(1) The location, height, bulk, number of stories, and size of buildings and other
structures.
(2) The percentage of lot which may be occupied, the sizes of yards, courts, and other
open areas.
(3) The density and distribution of population and dwelling units.
Attachment number 1
Page 6 of 7
Item # 24
(4) Land areas for residential, business, industrial, recreational, agriculture, forestry,
conservation, historic preservation, water supply, sanitation, protection against floods,
governmental activity and other special purposes.
(b) The map or maps shall divide Augusta, Georgia into districts of such number, shape and
size as the Planning Commission may determine; and within such districts the Planning
Commission may regulate the erection, construction, reconstruction, alteration, and use of
building and structures and uses of land. All such regulations shall be uniform for each
class or kind of building throughout each district, but the regulations in one district, but
the regulations in one district may differ from those in other districts.
(c) At such time the Augusta, Georgia Commission deems it necessary to enact an entirely
new zoning ordinance and map or maps, the governing bodies shall hold a public hearing
thereon, after at least fifteen (15) days notice of the time and place of which shall be
published in a newspaper of general circulation in Augusta, Georgia. All procedural
standards set forth in the Official Code of Georgia shall be complied with.
(1) No change or departure from the text or maps, as certified by the Planning
Commission, shall be made unless such change or departure is first submitted to the
Planning Commission for review and recommendation.
(2) The Planning Commission shall have thirty (30) days within which to submit its
report. If the Planning Commission fails to submit a report within a thirty-day period,
it shall be deemed to have approved the change or departure.
(d) The zoning ordinance, including the map or maps, may be amended from time to time;
but no amendment shall become effective unless it shall have been proposed by or shall
have first been submitted to the Planning Commission for review and recommendation.
(1) The Planning Commission shall conduct, on behalf of the Augusta, Georgia
Commission, all public hearings on proposed amendments to the zoning ordinance
and maps.
(2) Policies and procedures as specified by the Official Code of Georgia shall be
followed by the Planning Commission in considering such public hearings.
Secs. 8-1-8. ± 8-1-9. Reserved.
Attachment number 1
Page 7 of 7
Item # 24
CommissionMeetingAgenda
7/19/20115:00PM
CapacityAgreementFY2012
Department:RichmondCountyCorrectionalInstitution-EvanJos eph,Director
Caption:ApproveCapacityAgreementforFY2012forstateinm atesbeing
housedintheRichmondCountyCorrectionalInstitut ion.
Background:Augusta-RichmondCountycontractswiththestateof Georgiato
housetwohundredfifteen(215)non-violentinmates toperform
skilled/non-skilledlaborintheCityDepartments.
Analysis:TheDepartmentofCorrectionspaystheCityaperd iemoftwenty
($20.00)dollarsperdayperinmate.
FinancialImpact:TherevenuereceivedfromtheDepartmentofCorrect ionsis
approximatelyforty-five(45%)percentoftheinsti tution'sannual
budget.
Alternatives:None
Recommendation:ApprovetheCapacityAgreementforFY2012tohouse two
hundredfifteen(215)non-violentinmates.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 25
GEORGIA DEPARTMET OF CORRECTIOS
LEGAL SERVICES OFFICE
ITERGOVERMETAL AGREEMET
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into as of the
1st day of July 2011, by and between the GEORGIA DEPARTMENT OF CORRECTIONS
(“Department”), an agency of the State of Georgia, and AUGUSTA/RICHMOND COUNTY
(“County”), a political subdivision of the State of Georgia, acting by and through its Board of
County Commissioners, referred to as “party” or jointly as “parties.”
RECITATIOS
WHEREAS, the Department desires to obtain appropriate care and custody of State
inmates; and
WHEREAS, the County desires to provide appropriate care and custody of State inmates
at a correctional institution operated by the County.
OW, THEREFORE , in consideration of these premises and the mutual promises and
agreements hereinafter set forth, the parties hereby agree as follows:
1. Care and Custody. The County agrees to provide complete care and custody of up to 215
state inmates daily, for the term of this Agreement and in accordance with State and federal
constitutions and with all applicable laws, rules, regulations and orders of State, federal and
local governments. Without limitation to the generality of the foregoing, the County
specifically agrees that no State inmate labor shall benefit private persons or corporations.
2. Notification of Medical Treatment. The County shall notify the Department of any state
inmate that the County transfers to a hospital for treatment that will require an overnight stay
or that will require treatment that is likely to cost in excess of $1,000.00. Said notification
shall be provided via telephone contact within twenty-four (24) hours of the inmate being
admitted for treatment on an outpatient or inpatient basis. County shall notify the
Department pursuant to this paragraph by calling the Department's "On Call Utilization
Management Nurse" at (404) 863-3079 at any time of day or night.
Attachment number 1
Page 1 of 4
Item # 25
2
3. Compensation. The Department agrees to pay the County the sum of $20.00 (Twenty and
no/one-hundredths Dollars) per State inmate per day for the duration of this Agreement. The
County agrees to invoice the Department monthly, in compliance with all billing procedures
established by the Department. The Department shall endeavor to pay the County for its care
and custody services within 45 days of invoice receipt in approved form. The County
acknowledges and agrees that the Commissioner of Corrections shall have sole authority with
respect to the transfer of State inmates to and from the County Correctional Institution, and
the Department shall not incur charges for inmates not under the care and custody of the
County.
4. Term of Agreement. This Agreement shall be effective from the date hereof and shall
continue in force and effect until June 30, 2012.The parties may, by mutual agreement in
writing, extend the effectiveness of this Agreement for additional time periods.
5. Notices. Any notice under this Agreement, other than those referenced in Paragraph 2,
shall be deemed duly given if delivered by hand (against receipt) or if sent by registered or
certified mail -- return receipt requested, to a party hereto at the address set forth below or to
such other address as the parties may designate by notice from time to time in accordance
with this Agreement.
If to the County: Fred Russell, Administrator
530 Greene Street
Augusta, GA 30911
With a copy to: Evan Joseph, Warden
2314 Tobacco Rd
Augusta, GA 30906
If to the Department: Brian Owens, Commissioner
Georgia Department of Corrections
300 Patrol Road
P.O. Box 1529
Forsyth, GA 31029
With a copy to: Facilities Director
300 Patrol Road
P.O. Box 1529
Forsyth, GA 31029
Attachment number 1
Page 2 of 4
Item # 25
3
6. Reimbursement of Medical Costs.
a. GDC agrees to reimburse County for certain costs of direct medical services required
for emergency medical conditions posing an immediate threat to life or limb if a state
inmate cannot be placed in a state institution for the receipt of this care; provided,
however, that the GDC's obligation arises only when the cost per inmate per incident
exceeds $1000.00, and GDC shall only be liable for the amount in excess of $1000.00,
subject to the following subsections and other applicable laws and regulations.
b. County agrees to invoice GDC monthly for the actual cost of medical services paid by
County. If there existed any rate agreement between County and the hospital or
hospital authority at the time the services were rendered, the invoice must reflect such
rate. All invoices from County must include an invoice or receipt from the hospital that
clearly shows the actual cost of medical services paid by County.
c. GDC is not liable to County for any late fees or charges or any kind of assessment
imposed by the hospital or hospital authority (collectively, “Late Fees”) for late or
nonpayment by County. County agrees to exclude late fees from its invoices to GDC.
d. If GDC reasonably determines that there is a difference between the actual cost
incurred by County and the invoice sent to GDC, GDC may assess an administrative
fee of one-half (1/2) of the difference to cover the administrative costs incurred by
GDC. GDC shall send County written notice of any administrative fees, and County
shall have 30 days to make payment or to dispute the fee in writing. If County does not
make payment of undisputed administrative fees by the due date, GDC is entitled to a
setoff of the same amount against future payments owing to County.
e. Pursuant to HB 464 of 2009 (Act 48), O.C.G.A.§ 42-5-2(c), GDC shall reimburse
County no more than the applicable Georgia Medicaid Rate for emergency services
provided to a state inmate by a hospital authority or hospital which is not a party to a
contract with GDC or its agents on July 1, 2009. GDC shall not be liable to County for
any amount paid by County to a hospital or hospital authority over the Medicaid rate
for emergency services provided to a state inmate.
7. Entire Agreement. This Agreement constitutes the entire agreement and understanding
between the parties hereto and replaces, cancels and supersedes any prior agreements and
understandings relating to the subject matter hereof; and all prior representations, agreements,
understandings and undertakings between the parties hereto with respect to the subject matter
hereof are merged herein.
8. Amendment. The parties recognize and agree that it may be necessary or convenient for the
parties to amend this Agreement so as to provide for the orderly implementation of all of the
undertakings described herein, and the parties agree to cooperate fully in connection with
Attachment number 1
Page 3 of 4
Item # 25
4
such amendments if and as necessary. However, no change, modification or amendment to
this Agreement shall be effective unless the same is reduced to writing and signed by the
parties hereto.
9. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be an original but all of which shall constitute one agreement. No party shall be bound by
this Agreement until all parties have executed it.
IN WITNESS WHEREOF, the parties have caused the authorized representatives of each
to execute this Agreement on the day and year first above written.
GEORGIA DEPARTMET OF CORRECTIOS
__________________________________ ____________________
Date
_________________________________
Print Name, Title
RICHMOD COUTY
__________________________________ ____________________
Date
_________________________________
Print Name, Title
Attachment number 1
Page 4 of 4
Item # 25
CommissionMeetingAgenda
7/19/20115:00PM
IntergovernmentalAgreement
Department:Law
Caption:MotiontoapproveFiscalYear2012CountyCapacity Agreement
withtheGeorgiaDepartmentofCorrectionsrelative toState
inmatesbeinghousedinRCCI,andtoauthorizethe Mayorand
ClerkofCommissiontoexecutesuchdocumentsasne cessaryto
consummatethetransaction,allinformasapproved bycounsel
forAugusta.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 26
Attachment number 1
Page 1 of 4
Item # 26
Attachment number 1
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Item # 26
Attachment number 1
Page 3 of 4
Item # 26
Attachment number 1
Page 4 of 4
Item # 26
CommissionMeetingAgenda
7/19/20115:00PM
MotiontoApproveanOrdinanceCreatingAugusta,GA CodeSecion2-2-57
Department:9-1-1
Caption:Motionto approveanOrdinancetoAmendtheAugusta,GA
CodecreatingTitleTwoChapterTwoArticleSixSec tion2-2-57
RelatingtoImposinga9-1-1ChargeonPrepaidWire lessService;
ToRepealAllCodeSectionsandOrdinancesinConfl ict
Herewith;ToProvideanEffectiveDateandforOthe rPurposes.
Background:Legislationwaspassedin2008toassessa9-1-1fe eonprepaid
wirelessphones.Amenuofoptionswereprovidedfo rprepaid
wirelesssupplierstousetodeterminethefeesowe dforthe
wirelessservicesold.TheDepartmentofCommunity Affairs
(DCA)wastaskedwithmonitoringcompliancewithth estatutory
requirementsandreceivingthefees.Thelegislativ eintentwasthat
thefeerevenuewastobeusedtofundagrantprog ram
administeredbyDCAtoassistlocalgovernmentsin the
implementationofenhanced9-1-1services.Todate
approximately$28millionhasbeencollected,noto necenthas
beenappropriatedfortheintendedpurposeofagra ntprogramto
localgovernments.Thosefundshavebeendeposited inthestate
generalfundandusedforotherpurposes.Asthema rketforcell
phonesandtelephonelandlinesshifts,theresourc esforthe
operationof9-1-1centershavedeclined.Itisest imatedthat
prepaidwirelessphonesnowrepresentover20%oft heoverall
wirelesscellphonemarket.Theprepaidwirelesspr ovidersand
ACCGagreethatthecurrentsystemisinefficienta nd
burdensome.Thereareprovidersthatdonotcomply withthelaw
andthereisnomonitoringorenforcement.TheNati onal
ConferenceofStateLegislaturesdevelopedmodelle gislationto
offeramorecoordinatedapproachtotheassessment and
collectionofthesefeesonanationalbasis.Th isnewapproachis
tocollectthefeesatthepointofsale,remitthe feestothe
DepartmentofRevenue(DOR)muchlikesalestax,to be
distributedperaformulabasedonpopulationofth ePublicSafety
AnsweringPoint(PSAP).Itisestimatedthatthisn ewapproach
willmorethandoubletheamountofrevenuereceive donan
annualbasis,projectionsindicateapproximately$2 0millionper
yearcomparedtothe$8millioncurrentlyreceived.Notonlywill
thisprovideastablesourceofrevenueforthe9-1 -1centersitisCover Memo
Item # 27
alsomoretransparent.Customerswillbechargedth efeewhen
theypurchaseaprepaidcellphoneorreloadthemi nutesandthe
chargewillbereflectedseparatelyonthereceipt.Everycustomer
whomayaccess9-1-1serviceswillpaythefeeands harein
payingforthesystem.Currently,wehavenowayof knowingif
thissegmentofthecellphonemarketispayingthe irshareforthe
services.SummaryofLegislation·Thisbil lrepealsthe
previousstatueregardingcollectionofthe911fee onprepaid
wirelessphones.Thenewbillsetsoutanewsystem tocollectthe
prepaidfeesatthepointofsale.·A75c entfeewillbe
collectedattheretailpointofsaleforeachphon esoldandeach
purchaseofminutestoreloadaprepaidwirelessph one.·9-
1-1feesarecollectedattheretaillevelandremi ttedtotheDOR
justlikesalestax.·Inorderforthefun dstobetreatedasa
localtax,countiesandmunicipalitiesmustadopta nordinanceor
resolutionimposingthefeeandfilewiththeDOR.·Fees
willbedistributedbacktothecountiesandmunici palitiesthat
adoptedtheordinanceorresolutiononanannualba sis.·The
allocationoffundswillbebasedonthepopulation ofthe
PSAP.Thesefundswillnotbeallocatedbasedonpo intofsale
collections.·Toensureastatewidecollec tionsystemthe
provisionthelanguagewasaddedin(b)(2)thatif acountyof
municipalityfailstoadoptanordinancethefeewo uldberetained
bythestateforthepurposeofagrantprogramto improve9-1-1
systems.Itishighlyunlikelythatanyjurisdictio nwillfailto adopt
aresolutiontocollectthefee,butifforsomere asonithappens,
thatportionofthefeewouldgothestatejustas itdoesunderthe
currentstatue.·Providesthat3%offees collectedbyretailer
canberetainedbytheretailertooffsetthecosts ofcollectingthe
fee.·Theformulaforshareofthefundsc ollectedonan
annualbasisisthepopulationofthejurisdiction(s)operatingthe
PSAPanddenominatorwhichisthetotalpopulation ofthestate.
·Fundswillbedistributedannuallyonor beforeOctober15
ofyearyear.·PriortodistributiontheD ORmayretainnot
morethan2%ofthetotalamountcollectedforthe costof
administeringtheprogram.·Ifthereisa jurisdictionthat
doesnotadopttheresolutionthefundsallocateda ccordingtothe
formulaforthatjurisdictionwillbedepositedin thegeneralfund
andbeadministeredthroughagrantstocountiespr ogramwiththe
purposeofoperationsofPSAPSandtheimprovement of911.
·TheeffectivedateofthebillinJanuary 1,2012
Analysis:
FinancialImpact:
Alternatives:Deny
Recommendation:Approve Cover Memo
Item # 27
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 27
Attachment number 1
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Item # 27
CommissionMeetingAgenda
7/19/20115:00PM
2011SheriffImpalas
Department:FinanceDepartment,FleetManagementDivision
Caption:Approvethereplacementof6publicsafetyautomobi lesusing
SalesTaxFundsasapprovedintheSalesTaxRefere ndumfor
PhaseVI.
Background:InDecemberof2008,FleetManagementsubmittedar equestto
replacepublicsafetyvehiclesaspartofthe2011S alesTax
Referendum.Thisreferendumwaspassedwhichwillp rovide1.5
milliondollarsforreplacementvehiclesforPublic Safetyeach
yearfor5years.Thestandardtransportvehiclef orPublicSafety-
CriminalInvestigationDivisionistheChevroletPo liceImpala.In
developingtheSalesTaxrequest,FleetManagement coordinated
withtheCriminalInvestigationDivisionastothei rneedsforthe
numberofvehiclesneedingreplacement.Thefinaln umberof
replacementvehicleswillbe6units.Thecarswill bepurchase
throughHardyChevroletgroupusingtheGeorgiaSta teContract
program(SWC90796)forthepurchase.Detailedinfor mationis
providedintheAttachmentforreview.
Analysis:ThepurchaseofpublicsafetyvehiclesusingSales Taxfundswill
providegreaterflexibilitytotheAdministratorin theuseof
CapitalOutlay.Thepurchaseofnewvehicleswilla lsoreducethe
maintenancecostofpublicsafetyvehicleswhichar eoutsideof
their“lifecycle”.CurrentlywithintheSheriff’s Officethereare
118vehiclesoutsideoftheir“lifecycle”whichis 4yearsfora
pursuitvehicleand6yearsfornon-pursuit(Lifec yclewas
approvedinApril2004bytheCommission).Vehicles goingout
ofservicewillbesoldatauction.
FinancialImpact:The6CriminalInvestigationDivisionvehicleswill bepurchased
for$128,742.00fromHardyChevroletGroup(Georgia State
Contract).Thepurchasewillbeboughtthroughthe SalesTax
funds(PhaseVI).
Alternatives:1)Approvetherequestforthepurchaseof6automo biles.2)Do
notapprovetherequest.
Cover Memo
Item # 28
Recommendation:Approverequesttopurchase6ChevroletImpala’sfo ratotalcost
of$128,724.00anddeclarethevehiclestoberepla cedassurplus
andavailableforsaleatauction.
FundsareAvailable
intheFollowing
Accounts:
328-03-1310/54.22110(SalesTax)
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 28
Attachment number 1
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CommissionMeetingAgenda
7/19/20115:00PM
2011ShopLift
Department:FinanceDepartment,FleetManagement
Caption:ApproverequestfromtheFinanceDepartment-FleetM anagement
Divisiontopurchaseonegaragevehicleliftforth eBroadStreet
ServiceCenter.
Background:TheFinanceDepartment-FleetManagementDivisionre queststhe
purchaseofonegaragevehicleliftfortheBroadS treetservice
center.Theexistingliftisanantiquatedinground typeinexcessof
30yearsoldandhasreachedthecompletionofits usefullifeas
mostpartscannolongerbeobtained.Thisisthe onlyliftcapable
ofliftingfirepumperssopumpscanbeservicedan d
repaired.Presentlytheliftisinoperable.Mainte nancepersonnel
mustworkonthefloorbelowthepumpwhichrequire sadditional
timeandcreatesunsatisfactorysafetyissues.In ordertobegin
repairsthehydrauliclinesneedtobeexposedwhic hrequired
demolitiontotheexistingconcretefloor.Anesti matewas
providedbyCarolinaJack&Liftfor$11,250.00to dothe
demolitionwithanadditional$3,970.00tomanually liftthecenter
liftcylinder(seeestimateattached).Thisresults in$15,220.00
havingtobespentbeforetheliftcanbediagnosed forrepair.A
secondaryconcernwithcontinuingtousethislift isanyfluids
leakingintotheliftwellmustbepumpedoutasha zardous
waste.Thecurrentsystemreliesontwosumppumps thatpump
thefluidintoacentraldrainthatflowstoacond uitwhichempties
intoHawksCreek.ForthisreasonfleetManagement hasrendered
thepumpsinoperable.Fluidisnowpumpedoutbya venderand
Augustaisinvoicedforthehazardouswasteremoval
approximately$900eachtime.Thenewliftwould be
advantageousinseveralways.Itincorporatesaset offoursingle
portableabovegroundcolumntypeliftswhichmeans itcanbe
usedforvariousweightcategoriesandcombinations ,andother
locationsaroundtheshopaswell.Thenewunitcou ldalsobe
transportedtoothershopsifnecessary.Thelifto peratesusing
electricmotorswhicheliminatesanypossibilityof hydraulic
leakagefromthelifts.Thisreplacementpurchasew ouldnotonly
givetheservicecentersgreaterserviceability,le ssenvironmental
impactandwouldraisethelevelofjobefficiency andemployee
safety.Cover Memo
Item # 29
Analysis:TheFleetManagementDivisionwillpurchasetheveh iclelift
fromChallengerLiftsthroughtheGSAgovernmental bid
purchaseprogramutilizingcontractnumberGS-07F-8 950D.
FinancialImpact:Thevehicleliftwillbepurchasedfor$41,080.23u singfundsfrom
CapitalOutlaycontingency.
Alternatives:1)Approvetherequest;(2)Disapprovetherequest.
Recommendation:ApproverequestfromtheFinanceDepartment-FleetM anagement
Divisiontopurchaseonegaragevehicleliftforth eBroadStreet
servicecenter.
FundsareAvailable
intheFollowing
Accounts:
272-10-1110/6011110
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 29
Attachment number 1
Page 1 of 1
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Attachment number 2
Page 1 of 1
Item # 29
CommissionMeetingAgenda
7/19/20115:00PM
HearingOfficer
Department:
Caption:Motiontoapprove2011HearingOfficer-PaySet.(Requestedby
theBoardofTaxAssessors)(ReferredfromJune30
Commissionmeeting)
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 30
Attachment number 1
Page 1 of 3
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CommissionMeetingAgenda
7/19/20115:00PM
HistoricPreservationFundGrantAward
Department:PlanningCommission
Caption:MotiontoapproveaBudgetResolutionandacontrac twiththe
GeorgiaDepartmentofNaturalResources(DNR)forP hase1of
theSummervilleHistoricDistrictSurvey.
Background:InJanuarytheAugustaCommissionauthorizedsubmis sionofa
grantapplicationtoDNRtohelpfinancedevelopmen tofPhase1
oftheSummervilleHistoricPropertiesSurvey.The application
wassubmittedonJanuary31,2011.InAprilDNRawa rdedthe
citya$12,000reimbursablegrantfortheproject.
Analysis:Aqualifiedhistoricpreservationconsultantwillb ehiredto
completethefirstphaseofthesurveyofhistoric resourcesinthe
SummervilleNationalRegisterHistoricDistrict.Ap proximately
500ofthe1,500propertiesinthedistrictwillbe surveyedduring
thefirstphase.Anarchitecturaldescriptionofea chresource,its
age,history,setting,locationandsignificancewi llberecorded.
Thesurveywillconformtoapplicablestandardsand theresults
willbeenteredintoanonlinedatabasemaintained bytheHistoric
PreservationDivisionofDNR.Hardcopiesofthesu rveymapand
thecompletedsurveyformswillbegiventothecit yandDNR.
ThePlanningCommissionwillmanagetheprojectand provide
someoftherequiredin-kindmatch.Othersprovidin gin-kind
donationsincludetheHistoricPreservationCommiss ion,the
SummervilleNeighborhoodAssociationandthecityF inance
DepartmentandGISstaffs.
FinancialImpact:Thisisareimbursablegrantprogram.Asaresult,t hecitywill
havetomakeperiodicpaymentstotheprojectconsu ltantandthen
requestreimbursementfromDNR.Themaximumtempora rycost
tothecityis$12,000.Theprojectbudgetisasfo llows-HPF
Grant-$12,000;LocalMatch(cashandin-kind)-$8,000;Total-
$20,000.
Alternatives:Acceptthegrantawardorrejectitandfindanothe rwaycomplete
thesurveywork.
Cover Memo
Item # 31
Recommendation:Approvebudgetresolutionandexecutionoftheproj ectcontract
withDNR
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 31
CommissionMeetingAgenda
7/19/20115:00PM
RequestforRefund-RobertJ.Palagyi,2103880
Department:BoardofAssessors
Caption:Approverequestforrefundtaxyear2007forRobert J.Palagyi,
Acct#2103880,PersonalProperty(boat)intheamou nt
of$282.80.
Background:BoatwasmovedtoColumbiaCountyin2006.Taxeswe repaidin
errorinApril2011(seeattachments).
Analysis:
FinancialImpact:
Alternatives:
Recommendation:Refundfullamountof$282.80fortaxyear2007.
FundsareAvailable
intheFollowing
Accounts:
TaxCollections
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 32
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CommissionMeetingAgenda
7/19/20115:00PM
GoodrichSt.RawWaterPumpingStation
Department:Utilities
Caption:Motionto authorizeamendmenttoexistingengineeringcontract
withZimmerman,EvansandLeopoldtoprovideengine ering
servicesfortheGoodrichSt.RawWaterPumpingSta tion
RehabilitationofTurbineUnit#1intheamountof $49,987.61.
(ApprovedbyEngineeringServicesCommitteeJuly11 ,2011)
Background:TheAugustaUtilitiesDepartmentrecentlyhadthep eriodic
inspectionpreformedonthehorizontalturbineofU nit#1atthe
GoodrichStRawWaterPumpingStation.Thisinspect ion
revealedanumberofcracksinthebladesoftheru nnerofthe
turbine.Thesecracksareasignofmetalfatigued uetothe
workingconditionsandtheageoftherunner.Appro priaterepairs
weremadehowever,inconsideringthelongtermrel iabilityofthe
unit,acomprehensiverehabilitationoftheturbine needstobe
undertaken.Theengineeringservicesbeingrecomm endedareto
preparetheplansandspecificationsfortherehabi litationwork.In
addition,theproposalincludedinvestigatingthep ossibilityof
replacingthe1952vintage,inseriessplitcasing pumpswith
newer,moreefficientmodels.Duetothespeciali zednatureof
therehabilitationworkoftheturbineandthecrit icalselectionfor
thecontractor,AugustaUtilitiesintendstoworkt hruthe
ProcurementDepartmenttoissueRequestforQualifi cationsfrom
selectedfirms.
Analysis:TheUnit#1turbineandpumpattheRawWaterPump ingStation
isacriticalcomponentinensuringthereliablesu pplyofrawwater
tothereservoirsonHighlandAve.Whilewehavesh ortduration
redundancyinthesystem,thecomprehensiverehabil itationofthe
turbineneedstobeundertaken.
FinancialImpact:TheEngineeringfundsfortheprojectaretobefun dedfromthe
2002BondIssue,underaccountnumber510043410-521 2115
80110250-5212115.
Alternatives:Noalternativesarerecommended.
Cover Memo
Item # 33
Recommendation:WerecommendtheCommissionauthorizetheexecution ofan
AmendmenttoanexistingEngineeringcontractwith Zimmerman,
EvansandLeopoldtoprovideEngineeringServicesf orthe
GoodrichSt.RawWaterPumpingStationRehabilitati onof
TurbineUnit#1intheamountof$49,987.61.
FundsareAvailable
intheFollowing
Accounts:
510043410-521211580110250-5212115.
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 33
UTILITIES DEPARTMET
Change Order umber : 1 Date: July 5, 2011
Project Title: Engineering Services at Goodrich St. Raw Water Pumping Station
Original Contract Date: March 26, 2004 Project umber :
Owner: P.O. umber : P88674
Contractor: Zimmerman, Evans, and Leopold, Inc.
The following change order is hereby made to the proposal for the above project:
This change includes modifies the Engineering Services as described in proposal dated
April 8, 2011.
TOTAL AMOUT OF THIS CHAGE ORDER $ 49,987.61
The Contract time will be Increased/Decreased by N/A calendar days as a result of
this change. The date of completion including this change order is .
Original Contract Amount $ 183,580.00
Previous Change Order
(Increased / Decreased) $ -0-
This Change Order
(Increased / Decreased) $ 49,987.61
TOTAL COTRACT WITH CHAGE ORDER(S) $ 233,567.6 1
* * * * * * * * * * * * *
Funding Source/Account Number: 510043410-5212115 80110250-5212115.
Requested By: Date:
Engineer
Submitted By: Date:
Department Head
Finance Endorsement: Date:
Comptroller
Recommended By: Date:
Administrator
Approved By: Date:
Mayor
Accepted By: Date:
Contractor
Attachment number 1
Page 1 of 1
Item # 33
CommissionMeetingAgenda
7/19/20115:00PM
GoshenLakeDriveSouthDrainage(BidItem11-121)
Department:AbieL.Ladson,PE,CPESC,Director
Caption:Motionto approveawardofConstructionContracttoSitec,LLC
intheamountof$39,714.50fortheGoshenLakeDri veSouth
DrainageManagementProject,CapitalProjectBudget 324-
041110-201824041,subjecttoreceiptofsignedcont ractsand
properbondsasrequestedbyAED.Fundingisavaila bleinthe
projectaccount.(ApprovedbyEngineeringServices
CommitteeJuly11,2011)
Background:GoshenLakeDriveSouthislocatedinGoshenSubdiv ision.Off
roadgroundandsurfacedrainageiscreatinghazard ouscondition
attheroadway.Itwarrantsconstructionofstorms ewersystemto
capturethissurfacewateranddischargeatnearbye xistingstorm
drainageinlet.
Analysis:BidswerereceivedonMay25,2011withSitec,LLC beingthe
lowbidder.Thebidresultsareasfollow:CONTRACT ORSBID
1.Sitec,LLC$39,714.502.BlairConstruction$64,773.893.
PavewayofAugusta$76,083.724.BeamsContracting $85,533.87
5.MabusBrothers$93,232.506.EagleUtility$98,3 17.00Itisthe
recommendationoftheEngineeringDepartmenttoawa rdthis
projecttoSitec,LLC
FinancialImpact:FundsareavailableinCPB324-041110-201824041to be
transferredtotheprojectstormdrainageaccount.
Alternatives:1)ApproveawardofConstructionContracttoSitec,LLCinthe
amountof$39,714.50fortheGoshenLakeDriveSout hDrainage
ManagementProject,CapitalProjectBudget324-0411 10-
201824041,subjecttoreceiptofsignedcontractsa ndproper
bondsasrequestedbyAED.Fundingisavailablein theproject
account.2)Donotapprove.
Recommendation:ApproveAlternativeNumberOne.
Cover Memo
Item # 34
FundsareAvailable
intheFollowing
Accounts:
324-041110-5414710/201824041-5414710
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 34
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the
following Capital Project Budget is hereby amended:
Section 1: This project is authorized to approve award of construction contract to Sitec, LLC in the
amount of $39,714.50 for the Goshen Lake Drive South Drainage Management project
subject to receipt of signed contracts and proper bonds. Funding is available in the
project account for the Engineering Department to be transferred to the
project storm drainage account.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase IV 39,750$
Section 3: The following amounts are appropriated for the project:
By Basin By District
Spirit Creek $39,750 8th 39,750$
Section 4: Copies of this Capital Project Budget shall be made available to the
Comptroller for direction in carrying out this project.
Adopted this ____________________ day of ______________________.
Approved
_________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
CAPITAL PROJECT BUDGET
GOSHEN LAKE DRIVE SOUTH DRAINAGE (BID ITEM 11-121)
Honorable Deke Copenhaver, Mayor
CPB#324-041110-201824041
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference
this request, contact Engineering at ext 5070. Thanks
6.27.2011
Attachment number 1
Page 1 of 2
Item # 34
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
GOSHEN LAKE DRIVE SOUTH DRAINAGE (BID ITEM 11-121)
CPB#324-041110-201824041
CPB AMOUNT NEW
SOURCE OF FUNDS CPB CPB
SPECIAL 1% SALES TAX, PHASE IV
324-041110-6011110-201824041 ($39,750)($39,750)
TOTAL SOURCES:($39,750)($39,750)
USE OF FUNDS
CONSTRUCTION
323-041110-5414710 $39,750 $39,750
TOTAL USES:$39,750 $39,750
6.27.2011
Attachment number 1
Page 2 of 2
Item # 34
Invitation To Bid
Sealed bids will be received at this office until 3:00 p.m. Wednesday, May 18, 2011 for furnishing:
Bid Item #11-119 Paving Various Roads, Phase 9 – Youngblood Drive & Youngblood Lane for
Engineering Department
Bid Item #11-121 Goshen Lake Drive South Drainage Project for Engineering Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room
605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors
and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-
refundable for Paving Various Roads, Phase 9 – Youngblood Drive & Youngblood Lane is $100.00 and for
Goshen Lake Drive South Drainage Project is $50.00.
Documents may also be examined during regular business hours at the F. W. Dodge Plan Room, 1281 Broad Street,
Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit on this project.
To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablueprint.com) at no
charge through Augusta Blue Print (706 722-6488) beginning Thursday, March 31, 2011. Bidders are cautioned that
submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing,
delivery of goods or services, or coordination with other work that is material to the successful completion of the project.
Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of
documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information
upon which to base his qualifications.
A Mandatory Pre Bid Conference will be held on Tuesday, April 26, 2011 @ 11:00 a.m. in the Procurement
Department, 530 Greene Street, Room 605. A mandatory site visit will follow. All questions must be
submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the
Procurement Department by Friday, April 29, 2011 @ 5:00 P.M. No bid will be accepted by fax, all must be
received by mail or hand delivered.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10% bid
bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a
100% payment bond will be required for award.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of
copies needed, the timing of the submission, the required financial data, and any other requirements designated by
the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by
the Procurement Director. Please mark BID number on the outside of the envelope.
Funding for this project may include federal funds provided by the U. S. Department of Transportation (DOT)
and/or other federal agencies. All DOT funded projects are subject to the requirements of 49 CFR Part 26. These
requirements are mandatory and non-negotiable. Augusta enforces Disadvantage Business Enterprise (DBE)
requirements and/or DBE goals set by Federal and/or State Agencies in accordance with State and Federal laws.
Please be advised that the U. S. District Court for the Southern District of Georgia has entered on Order enjoining
the Race-Based portion of Augusta, Georgia’s DBE Program. Thus, Augusta, Georgia does not have or operate a
DBE, MBE or WBE Program for projects (or portions of projects) having Augusta, Georgia as the source of
funding.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle March 31, April 7, 14, 21, 2011
Metro Courier April 6, 2011
cc: Tameka Allen Interim Deputy Administrator
Abie Ladson Engineering Department
Hameed Malik Engineering Department
Attachment number 2
Page 1 of 1
Item # 34
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Attachment number 3
Page 1 of 1
Item # 34
Attachment number 4
Page 1 of 2
Item # 34
Attachment number 4
Page 2 of 2
Item # 34
Attachment number 5
Page 1 of 1
Item # 34
Attachment number 6
Page 1 of 1
Item # 34
Attachment number 7
Page 1 of 2
Item # 34
Attachment number 7
Page 2 of 2
Item # 34
CommissionMeetingAgenda
7/19/20115:00PM
MemorandumofAgreementbetweenGeorgiaSoilandWa terConservationCommissionandAugusta,
Georgia
Department:AbieL.Ladson,PE,CPESC,Director
Caption:Motionto approveandauthorizeAugustaEngineering
Department(AED)toproceedwiththeprocesstoent erintoa
MemorandumofAgreement(MOA)withtheBriarCreek Water
ConservationDistrictandtheGeorgiaSoilandWate r
ConservationCommission(GSWCC)toreviewtheerosi onand
sedimentationcontrolplansbytheAED.Alsoauthor izeAugusta
GeorgiaMayortosignandexecutetheMOAuponcomp letionof
theprocess.(ApprovedbyEngineeringServicesCommittee
July11,2011)
Background:Augusta,GeorgiaSoilErosion,SedimentationandPo llution
Control(ES&PC)OrdinancerequiresthatES&PCplan shallbe
developedandsubmittedtoLocalIssuingAuthority (LIA)for
reviewandapprovaliflanddisturbingactivityis oneacreor
greater.Atpresent,theseES&PCplansarereviewed and
approvedbytheNRCSandreviewersalaryispartial lyfundedby
theAugusta,Georgia.NRCShas45daystocomplete thereview
andtransmitcommentsbacktoLIAandreviewcycle isreset.
However,AugustaEngineeringDepartmentistaskedt oenforce
ES&PCordinanceandmonitorimplementationofappro ved
ES&PCplanataconstructionsite.GSWCCconducted an
overviewofAEDES&PCprogramin2009andagainin 2010.
Bothreviewsresultedinarangeofgoodtoexcelle ntratingand
qualifyAEDtoproceedwithMOAprocess.
Analysis:ThesubjectMOAhasmultipleadvantagesforvariety ofendusers
suchasareadevelopers,builders,AED.Itwillsho rtenES&PC
planreviewprocess,providefasterresolutiontoc onstructionsites
erosionmattersandprovideadditionaltooltoAED in
managementandcomplianceofAugustaArea-WideNPDESMS4
permit.E&SCplanreviewprocesswillbeintegrated intoAED
existingengineeringplanreviewprocess.
FinancialImpact:Nodirectfinancialimpact.Noadditionalfundsare needed
Cover Memo
Item # 35
Alternatives:1)ApproveandauthorizeAugustaEngineeringDepart ment
(AED)toproceedwiththeprocesstoenterintoaM emorandumof
Agreement(MOA)withtheBriarCreekWaterConserva tion
DistrictandtheGeorgiaSoilandWaterConservatio n
Commission(GSWCC)toreviewtheerosionandsedime ntation
controlplansbytheAED.AlsoauthorizedAugustaG eorgia
MayortosignandexecutetheMOAuponcompletiono fthe
process.2)DonotapproveandNRCScontinuesrevie wingthe
plans.
Recommendation:ApproveAlternativeNumberOne.
FundsareAvailable
intheFollowing
Accounts:
n/a
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 35
Attachment number 1
Page 1 of 3
Item # 35
Attachment number 1
Page 2 of 3
Item # 35
Attachment number 1
Page 3 of 3
Item # 35
CommissionMeetingAgenda
7/19/20115:00PM
PropertyCondemnation-RightofWayandEasement
Department:EngineeringServicesCommittee
Caption:Motionto authorizecondemnationtoacquiretitleofpropertyfor
rightofwayfortheYoungbloodLanePavingProject (Paving
VariousRoads,PhIX)-TaxMap252,Parcel015;20 85
YoungbloodLane.(ApprovedbyEngineeringServices
CommitteeJuly11,2011)
Background:Despiterepeatedefforts,theCityhasbeenunablet olocatethe
propertyownerandthereforeseekstoacquiretitle through
condemnation.Inordertoproceedandavoidfurther project
delays,itisnecessarytocondemnsubjectproperty .Therequired
propertyconsistsof5,372.79squarefeetofright ofway,2,889.13
squarefeetofpermanenteasement,and1,155.65squ arefeetof
temporaryeasement.Theappraisedvalueis$1,248.0 0.
Analysis:Condemnationisnecessaryinordertoacquirether equired
property.
FinancialImpact:Thenecessarycostswillbecoveredundertheproje ctbudget.
Alternatives:Denycondemnation.
Recommendation:Approvecondemnation.
FundsareAvailable
intheFollowing
Accounts:
FUNDSAREAVAILABLEINTHEFOLLOWING
ACCOUNT:G/L324-04-1110-54.11120J/L208824001-54.11120
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.Cover Memo
Item # 36
ClerkofCommission
Cover Memo
Item # 36
Attachment number 1
Page 1 of 2
Item # 36
Attachment number 1
Page 2 of 2
Item # 36
CommissionMeetingAgenda
7/19/20115:00PM
WrightsboroRoadWidening,PhaseI-BidItem–09-17 0-SA2
Department:AbieL.Ladson,PE,CPESC,Director
Caption:Motionto approveCapitalProjectBudget324-041110-
201824333andSupplementalAgreementNumberTwofor
CranstonEngineeringGroup,PC,intheamountof$4 0,925.00to
provideadditionalconceptfortheWrightsboroRoad Widening,
PhaseIproject.Fundingisavailableintheprojec tengineering
accountfortheEngineeringDepartment.(Approvedby
EngineeringServicesCommitteeJuly11,2011)
Background:PhaseIoftheWrightsboroRoadWideningProjectwa spartof
SPLOSTPhaseIVandcalledfortrafficoperational improvements
alongWrightsboroRoadbetweenAugustaWestParkway and
MarksChurchRoad.Theareacoveredbythisproject isadjacent
toAugustaMall,andI-520andisessentialtothe regional
mobilityofthisarea.Astheprojecthasprogress ed,some
elementshaverequiredmorecomplexdesignthanori ginally
anticipated,especiallyaroundtheinterchange.For instance,small
retainingwallshavebecomenecessaryaswellasa sub-surface
utilityevaluationandamorecomplexsignaldesign .
Analysis:Duetothecomplexityofthedesignassociatedwith theproposed
interchangemodification,fundingisrequestedtoc overthechange
inscopeanddirection.
FinancialImpact:Fundsareavailableintheprojectengineering324-041110-
5212115-201824333uponCommission’sapproval.
Alternatives:1)ApproveCapitalProjectBudget324-041110-201824 333and
SupplementalAgreementNumberTwoforCranstonEngi neering
Group,PC,intheamountof$40,925.00toprovidea dditional
conceptfortheWrightsboroRoadWidening,PhaseI project.
Fundingisavailableintheprojectengineeringacc ountforthe
EngineeringDepartment.2)Donotapproveandcance lproject.
Recommendation:ApproveAlternativeNumberOne.Cover Memo
Item # 37
FundsareAvailable
intheFollowing
Accounts:
324-041110-5212115/201824333-5212115
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 37
(SA01 – For changes more than $20,000) September 2010
AUGUSTA, GEORGIA
ENGINEERING DEPARTMENT
SUPPLEMENTAL AGREEMENT
WHEREAS, We, “Cranston Engineering Group” Consultant, entered into a contract with
Augusta-Richmond County on “April 1, 2010”, for engineering design services associated with
the “Wrightsboro Rd. Widening Phase I ”, Project No. 324-041110-201824333, File Reference
No. 10-014 (A), and
WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not
covered by the scope of the original contract, we desire to submit the following Supplemental
Agreement to-wit:
Engineering Services to provide additional concept and presentation
Materials for the Wrightsboro Road Widening, Phase I
It is agreed that as a result of the above described modification the contract amount is
increased by $40,925.00 from $221,775.00 to a new total of $262,700.00
Any modifications to submittal dates shall be as identified in the attached proposal. This
agreement in no way modifies or changes the original contract of which it becomes a part,
except as specifically stated herein.
NOW, THEREFORE, We, “Cranston Engineering Group”, Consultant, hereby agree to said
Supplemental Agreement consisting of the above mentioned items and prices, and agree that
this Supplemental Agreement is hereby made a part of the original contract to be performed
under the specifications thereof, and that the original contract is in full force and effect,
except insofar as it might be modified by this Supplemental Agreement.
This day of , 2011.
RECOMMED FOR APPROVAL:
CITY OF AUGUSTA-RICHMOND COUNTY
AUGUSTA, GEORGIA
Honorable Mayor, Deke Copenhaver
Approved: Date Approved: Date
[ATTACHED CORPORATE SEAL] [ATTACHED CORPORATE SEAL]
ATTEST: ATTEST:
Title: Title:
Augusta Richmond County Project umber(s): 324-041110-201824333
Supplemental Agreement umber: 2
Purchase Order umber: 179102
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of
Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
Attachment number 1
Page 1 of 1
Item # 37
CPB# 324-041110-201824333
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby authorized:
Section 1: The project is authorized for CPB# 324-041110-201824333. This project is
for Wrightsboro Road Widening, Phase I design cost associated with the
preparation of additional concept and presentation materials on the project
for Supplemental Agreement Number Two for Cranston Engineering Group in
the amount of $40,925.00. Funds are available in the project engineering account.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase IV 2,782,000$
Section 3: The following amounts are appropriated for the project:
By Basin By District
Raes Creek $2,782,000 7th $2,782,000
Section 4: Copies of this Capital Project Budget shall be made available to the
Comptroller for direction in carrying out this project.
Adopted this ____________________ day of ______________________.
Approved
_________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
Honorable Deke Copenhaver, Mayor
CAPITAL PROJECT BUDGET
WRIGHTSBORO ROAD WIDENING, PHASE I
(Augusta West Parkway to Marks Church Road)
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of
Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
1 of 2 9.16.2010
Attachment number 2
Page 1 of 2
Item # 37
CPB# 324-041110-201824333
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
WRIGHTSBORO ROAD WIDENING, PHASE I
(Augusta West Parkway to Marks Church Road)
Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
SPECIAL 1% SALES TAX, PHASE IV
324-04-1110-201824333 $2,782,000 $0 $2,782,000
TOTAL SOURCES: $2,782,000 $0 $2,782,000
USE OF FUNDS
ENGINEERING
324-04-1110-5212115-201824333 $398,000 $0 $398,000
SA #2: Cranston Eng $40,925
ADVERTISING
324-04-1110-5233119-201824333 $2,000 $0 $2,000
CONTINGENCY
324-04-1110-6011110-201824333 $2,382,000 $0 $2,382,000
TOTAL USES: $2,782,000 $0 $2,782,000
2 of 2 9.16.2010
Attachment number 2
Page 2 of 2
Item # 37
CommissionMeetingAgenda
7/19/20115:00PM
AwardContractforBrokerageServices
Department:Recreation,ParksandFacilities-FacilitiesManag ement
Caption:AwardthecontractfortheBidItem11-111,RealEs tate
BrokerageServicesfortheCityofAugustatotheS hermanand
Hemstreet.(NorecommendationfromtheEngineering
ServicesCommitteeJuly11,2011)
Background:TheCommissionhasexpressedadesiretoengageaR ealEstate
Brokeragefirmtoassistinthemarketingandsaleo fsurplusreal
propertyfortheCityofAugusta.RFP11-111wasis suedtosolicit
StatementsofProposalstoprovidetheseservices.
Analysis:ThreefirmssubmittedStatementsofProposal.TheS election
Committeeevaluatedallthreepackagesandelectedt ohaveall
threefirmsmakeapresentationelaboratingonthei rcapabilities,
qualifications,approachandfeestructure.TheCom mittee
determinedthatthebestvalueconsideringthecomb inationof
skills,qualification,marketingapproachandfees chedulewas
submittedbyShermanandHemstreet.Thisisacommi ssionbased
agreementsothereisnocosttoAugustauntilthe propertyissold.
Thefirmistoprovideregularreportsonprogress towardsaleof
theproperties.
FinancialImpact:Thisisacommissionbasedagreementsothereisno costto
Augustauntilthepropertyissold.
Alternatives:AwardthecontractfortheBidItem11-111,RealEs tate
BrokerageServicesfortheCityofAugustatotheS hermanand
Hemstreet.2.Donotapprovetheaward.
Recommendation:AwardthecontractfortheBidItem11-111,RealEs tate
BrokerageServicesfortheCityofAugustatotheS hermanand
Hemstreet.
FundsareAvailable
intheFollowing Thisisacommissionbasedagreementsothereisno costto
Augustauntilthepropertyissold.Cover Memo
Item # 38
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
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REQUEST FOR PROPOSALS
Request for Proposals will be received at this office until Tuesday, April 26, 2011 @ 3:00 p.m. for furnishing:
RFP Item #11-111 Real Estate Brokerage Services for Public Services Department
RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFP documents may be viewed on the Augusta Richmond County web site under the Procurement Department
ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. A Mandatory Pre-Proposal Meeting will be held on Friday,
April 1, 2011 @ 10:00 a.m. in the Procurement Department 530 Greene Street, Room 605. All questions must
be submitted by fax at 706 821-2811 or by email to procbidandcontract@augustaga.gov by Monday,
April 11, 2011 @ 5:00 p.m. No RFP will be accepted by fax, all must be received by mail or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and
receive bid preference on an eligible local project, the certification statement as a local bidder and all
supporting documents must be submitted to the Procurement Department with your bonafide bid
package.
No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number
of copies needed, the timing of the submission, the required financial data, and any other requirements
designated by the Procurement Department are considered material conditions of the bid which are not
waiveable or modifiable by the Procurement Director. Please mark RFP number on the outside of the envelope.
Bidders are cautioned that sequestration of RFP documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the
bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Funding for this project may include federal funds provided by the U. S. Department of Transportation (DOT)
and/or other federal agencies. All DOT funded projects are subject to the requirements of 49 CFR Part 26.
These requirements are mandatory and non-negotiable. Augusta enforces Disadvantage Business Enterprise
(DBE) requirements and/or DBE goals set by Federal and/or State Agencies in accordance with State and
Federal laws. Please be advised that the U. S. District Court for the Southern District of Georgia has entered
on Order enjoining the Race-Based portion of Augusta, Georgia’s DBE Program. Thus, Augusta, Georgia
does not have or operate a DBE, MBE or WBE Program for projects (or portions of projects) having Augusta,
Georgia s the source of funding.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle March 10, 17, 24, 31, 2011
Metro Courier March 16, 2011
cc: Tameka Allen Interim Deputy Administrator
Mike Greene Public Services
Rick Acree Public Services
Attachment number 2
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VENDORS Attachment B Bidders
Form Addendum Original 6 Copies Fee Proposal
Blanchard & Calhoun Commercial
2743 Perimeter Parkway
Building 100, Suite 370
Augusta, GA 30909
YES YES YES YES YES YES
Prime Commercial Properties
753 Broad Street, Ste 504
Augusta, GA 30901
YES YES YES YES YES YES
Sherman & Hemstreet
3523 Walton Way Ext.
Augusta, GA 30909
YES YES YES YES YES YES
James E Harrison & Co
200 Pleasant Home Road
Augusta GA 30909
RFP Item #11-111
Real Estate Brokerage Services
for the City of Augusta - Public Services Department
RFP Due: Tuesday, April 26, 2011 @ 3:00 p.m.
Page 1 of 1
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Evaluation Criteria
PTS
Blanchard & Calhoun
Commercial
2743 Perimeter Parkway
Building 100, Suite 370
Augusta, GA 30909
Prime Commercial
Properties
753 Broad Street, Ste 504
Augusta, GA 30901
Sherman & Hemstreet
3523 Walton Way Ext.
Augusta, GA 30909
6XLWDELOLW\RIWKHSURSRVHU¶VSODQ 25 24.3 20.5 21.5
2. Demonstrated ability to satisfy SCOPE of
SERVICES 15 15.0 13.8 14.0
3. Demonstrated ability to sell Real Property 10 10.0 10.0 10.0
4. Commission fee requested as listing Broker
for each sale based on a percentage of the
sale price and a flat rate fee of for sales less
than $17,500
10 5.5 8.0 9.8
5. Professional qualifications of individuals to
be assigned to the project.15 15.0 13.0 13.0
6. Financial Stability of Company 10 10.0 9.5 9.5
7. References 10 10.0 9.7 10.0
6. Proximity to Augusta
Within Augusta Richmond County - 5 pts
Within the CSRA - 4 pts
Within Georgia - 3 pts
Within SE United States - 2 pt
All Others - 1pt
5 5.0 5.0 5.0
TOTAL 100 94.8 89.4 92.8
2 3 1
Cumulative RFP Item #11-111
Real Estate Brokerage Services
for the City of Augusta - Recreation, Parks, Facilities Department
Comments:
Presentation
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CommissionMeetingAgenda
7/19/20115:00PM
Minutes
Department:ClerkofCommission
Caption:Motionto approvetheminutesoftheregularmeetingofthe
Commissionheld June30,2011and LegalMeetingheld July11,
2011.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
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CommissionMeetingAgenda
7/19/20115:00PM
FY2012BudgetCalendar
Department:ClerkofCommission
Caption:ApproveattachedBudgetCalendarforFY2012.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
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Attachment number 1
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CommissionMeetingAgenda
7/19/20115:00PM
Affidavit
Department:ClerkofCommission
Caption:Motionto authorizeexecutionbytheMayoroftheaffidavitof
compliancewithGeorgia'sOpenMeetingAct.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
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