HomeMy WebLinkAbout2011-08-16-Meeting AgendaCommissionMeetingAgenda
CommissionChamber
8/16/2011
5:00PM
INVOCATION:ReverendKennethB.Martin,Pastor,AntiochBaptis tChurch.
PLEDGEOFALLEGIANCETOTHEFLAGOFTHEUNITEDSTAT ESOFAMERICA.
CONSENTAGENDA
(Items1-30)
PLANNING
1.Arequest forconcurrence with the AugustaPlanning Commission to
approveapetitiontoamendtheOrdinanceforAugusta,Geo rgia.The
nature of these changes arenot substantive nor reg ulatory, butrather
editorialtobringvarioussectionsoftheOrdinanc esintoconformance
withthecorrectnameofAugusta,Georgia,toreass ignresponsibilityand
authorityasaresultofthereorganizationofAugu sta’sgovernmenttothe
currentdepartmentsandpositions,andforotherpu rposes.Deferredfrom
July72011andreturnedbytheAugustaCommission attheJuly19,
2011 meeting. The ordinances in question are as fol lows:
Comprehensive Zoning Ordinance,Addressing Ordinanc e, Land
Subdivision Regulations, Site Plan Regulations, Sto rmwater
Management Ordinance, Tree Ordinance,Flood Damage Prevention
Ordinance, Grading Ordinance,Soil Erosion and Sedi ment Control
Ordinance, Groundwater Recharge Area Protection Ord inance,Water
SupplyandWatershedOrdinance,HistoricPreservati onOrdinance.
Attachments
2.Z-11-27-A request for concurrence with the Augusta Planning
Commission to approve a petition by Adrianne Paschal requesting a
Special Exception to establish a Family Personal Care Home per
Section26-1(h)oftheComprehensiveZoningOrdinanceforAug usta,
Georgia affecting property containing approximately .13 acres and is
knownas 1431PerryAvenue .(TaxMap046-3-445-00-0).DISTRICT
1
Attachments
3.Z-11-33–A request for concurrence with the Augusta Planning
Commission to approvea petition by North View Community
Association et al requesting a change of zoning fro m Zone R-3B
(Multiple FamilyResidential) and Zone B-2 (General Business) to
ZoneR-1A(One-familyResidential)affectingpropertylocatedatthe
corner of the intersection of South Barton Drive an d Mike Padgett
HighwayandknownasNorthViewSubdivision.Acomp leteparcellist
isavailableatthePlanningCommissionofficesloc atedat 525Telfair
Drive.DISTRICT6
Attachments
PUBLICSERVICES
4.Motionto denyaNewOwnershipApplication:A.N.11-28:request
by Urvesh Patel for a retail package Liquorlicense to be used in
connectionwithNesha&Bansi,Inc.DBAH&SWine &Spiritslocated
at 545SandBarFerryRd .District1.Super District9.(Approvedby
PublicServicesCommitteeAugust8,2011)
Attachments
5.Motionto approve NewApplication:A.N.11-31:requestbyMesiam
Shodjaforanonpremiseconsumption Liquor,Beer&Wine licenseto
beusedinconnectionwithCrazyTurksPizzaBar&Grilllocatedat
2910WashingtonRd.TherewillbeSundaySales.District7.Super
District 10 .(Approved by Public Services Committee August 8,
2011)
Attachments
6.Motionto approve NewOwnershipApplication:A.N.11-32:request
bySaeShinforanonpremiseconsumption Beer&Wine licensetobe
used in connection with Blue Sky Kitchen located at 990 Broad
St.District 1 .Super District 9.(Approved by Public Services
CommitteeAugust8,2011)
Attachments
7.Motionto approveNewOwnershipApplication:A.N.11-34:request
by Vincent Clayton for an on premise consumption Liquor, Beer &
WinelicensetobeusedinconnectionwithXSLiveloca tedat1082
Bertram Rd. There will be Dance. District 7. Super District 10.
(ApprovedbyPublicServicesCommitteeAugust8,20 11)
Attachments
8.Motionto approveanengineeringservicesagreementforthefirstph ase
of a new campground facility at Diamond Lakes Regional Park with
CranstonEngineeringGroupintheamountof$42,460 .00.(Approved
byPublicServicesCommitteeAugust8,2011)
Attachments
9.Motion to approveA/E design fees in amount of $34,500 to Virgo
GambillArchitectsforPhaseIIdesignservicesfor improvementstothe
Henry Brigham Swim Center.(Approved by Public Services
CommitteeAugust8,2011)
Attachments
10.Motionto approvetherenewaloftheLoanAgreementwiththeAugusta
Museum of History for thefive golf statues.(Approved by Public
ServicesCommitteeAugust8,2011)
Attachments
11.Motionto approveaMutualAidAgreementwithColumbiaCountyas
approved by theAugusta Aviation Commission at thei r July 28th
Meeting.(ApprovedbyPublicServicesCommitteeAugust8,20 11)
Attachments
12.Motionto approve aMutualAidAgreementwiththeDepartmentofthe
ArmyfortheAugustaRegionalAirport.(ApprovedbyPublicServices
CommitteeAugust8,2011)
Attachments
ADMINISTRATIVESERVICES
13.Motionto approveamendingthe2011ActionPlanduetoadecreasein
Fiscal Year 2011 allocations for the Community Deve lopment Block
Grant (CDBG), HOME Investment Partnerships (HOME),Housing
OpportunitiesforPersonswithAIDS(HOPWA)andEme rgencyShelter
Grant (ESG) Programs.(Approved by Administrative Services
CommitteeJuly11,2011)
Attachments
PUBLICSAFETY
14.Motionto approve MemorandumofAgreementbetweentheMarshal's
OfficeandtheAugustaAviationCommissioninorder toprovidelaw
enforcementservicesattheAugustaRegionalAirpor t.(Approvedby
PublicSafetyCommitteeAugust8,2011)
Attachments
15.Motionto approverenewalofprobationcontractwithSentinelOffend er
Services for 2011/2012.(Approved by Public Safety Committee
August8,2011)
Attachments
FINANCE
16.Motion to approveabatement of Ad Valorem Taxes on property
acquired by Augusta and Land Bank.(Approved by Finance
CommitteeAugust8,2011)
Attachments
17.Motionto approveBudgetAdjustmentintheamountof$272,900for
ApprovedSettlements.(ApprovedbyFinanceCommitteeAugust8,
2011)
Attachments
18.Motionto approvearequestfromRTGInvestments,LLCforawaive
allpenaltiesandotherfeesregardingvariousprop ertiesformerlyowned
by Chaplain Investments, LLC.(Approved by Finance Committee
August8,2011)
Attachments
ENGINEERINGSERVICES
19.Motion to approveaward of RFP #11-129, Landscape Maintenance
Services, for the Solid Waste Facility.(Approved by Engineering
ServicesCommitteeAugust8,2011)
Attachments
20.Motion to approvethe Emergency Trees Cut and Removal in the
amountof$28,944.20forHorizonConstruction;fund edfromSPLOST
PhaseIVaccountnumber323-041110-201824021asrequestedbyAED.
(ApprovedbyEngineeringServicesCommitteeAugust 8,2011)
Attachments
21.Motionto approveandauthorizeexecutionofaleaseagreementwith
GeorgiaPowertoprovide,installandmaintainthe exteriorsitelighting
fortheAugusta,GeorgiaNewSheriff’sOffice.Theupfrontcostwillbe
$39,000.00 which includes trenching, underground co nduit, wiring,
installationofpolesandlightsfortheAugusta,G eorgiaNewSheriff’s
Office Building.(Approved by Engineering Services Committee
August8,2011)
Attachments
22.Motionto determine thataportionofYoungStreet,asshownonthe
attached plat and consisting of approximately 0.483 acre (21,031.19
squarefeet),hasceasedtobeusedbythepublict otheextentthatno
substantialpublicpurposeisservedbyitorthat itsremovalfromthe
countyroadsystemisotherwiseinthebestpublic interest,pursuantto
O.C.G.A.§32-7-2,withtheabandonedpropertytob equit-claimedto
the appropriate party(ies).(Approved by Engineering Services
CommitteeAugust8,2011)
Attachments
23.Motionto determine thataportionofOakdaleAvenue,asshownonthe
attachedplatandconsistingofapproximately0.22 acre(9,574.00square
feet),hasceasedtobeusedbythepublictothee xtentthatnosubstantial
publicpurposeisservedbyitorthatitsremoval fromthecountyroad
systemisotherwiseinthebestpublicinterest,pu rsuanttoO.C.G.A.§32-
7-2,withtheabandonedpropertytobequit-claimedtotheappropriate
party(ies), and an easement to be retained over the entire abandoned
portion for existing or future utilities. (Approved by Engineering
ServicesCommitteeAugust8,2011)
Attachments
24.Motionto determinethatKingstonStreet,asshownontheattachedpla t
(westofHolleyStreetandbeingnorthofandparal leltoBrownStreet),
has ceased to be used by the public to the extent t hat no substantial
publicpurposeisservedbyitorthatitsremoval fromthecountyroad
systemisotherwiseinthebestpublicinterest,pu rsuanttoO.C.G.A.§
32-7-2, with the abandoned property to be quit-claimed to the
appropriateparty(ies).(ApprovedbyEngineeringServicesCommittee
August8,2011)
Attachments
25.Motionto approveResolutionofadoptionofDraftHazardMitigation
PlanUpdate.(ApprovedbyEngineeringServicesCommitteeAugust
8,2011)
Attachments
26.Motionto approveroadnamechangefromMcCainWaytoMcCann
Wayasrequestedby90%oftheadjoiningpropertyo wners.(Approved
byEngineeringServicesCommitteeAugust8,2011)
Attachments
27.Motionto approveanaddendumtotheSolidWasteCollectionContract
No.06-001.(ApprovedbyEngineeringServicesCommitteeAugust
8,2011)
Attachments
28.Motionto approvepurchasingextendedfullreplacementwarrantiesfo r
the on-site hypochlorite generation system electrodes and cells at the
Highland Avenue Water Treatment Plant and the James B. Messerly
Water Pollution Control Plant.(Approved by Engineering Services
CommitteeAugust8,2011)
Attachments
29.Motion to authorizethe award and execution of a contract with
Dewberry&Davis,Inc.fortheupdatetoAUD’sWatershedAssessment
and Source Water Protection Plan (RFQ #11-059) in the amount of
$214,470.(ApprovedbyEngineeringServicesCommitteeAugust 8,
2011)
Attachments
PETITIONSANDCOMMUNICATIONS
30.Motion to approvethe minutes of the regular meeting of the
CommissionheldAugust2 ,2011and LegalMeetingheld August8,
2011.
Attachments
****ENDCONSENTAGENDA****
AUGUSTACOMMISSION
8/16/2011
AUGUSTACOMMISSION
REGULARAGENDA
8/16/2011
(Items31-34)
PUBLICSERVICES
31.Motionto approveNewApplication:A.N.11-33:requestbyMikeM.
Raeisghasem for an on premise consumption Liquor, Beer& Wine
license to be used in connection with the Doris Bui lding LLC DBA
TantraLoungelocatedat 930BroadSt .District1.SuperDistrict9 .(No
recommendation from thePublic Services Committee i n meeting
Attachments
UpcomingMeetings
www.augustaga.gov
August8,2011)
ADMINISTRATIVESERVICES
32.Discusssalariesincreases,departmentalreorganiza tions,reclassifications
and a report from theAdministrator on themethodol ogy used to
determinethepercentageofincrease(s).(RequestedbyCommissioner
AlvinMason)
Attachments
OTHERBUSINESS
33.Discuss therescheduling ofcommittee meeting times .(Requested by
MayorProTemJoeBowles)
Attachments
LEGALMEETING
A.PendingandPotentialLitigation.
B.RealEstate.
C.Personnel.
34.Motion to authorizeexecution by the Mayor of the affidavit of
compliancewithGeorgia'sOpenMeetingAct.
CommissionMeetingAgenda
8/16/20115:00PM
Invocation
Department:
Caption:ReverendKennethB.Martin,Pastor,AntiochBaptist Church.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 1
CommissionMeetingAgenda
8/16/20115:00PM
AmendZoningOrdinanceandDevelopmentDocuments
Department:PlanningCommission
Caption:ArequestforconcurrencewiththeAugustaPlanning Commission
to approveapetitiontoamendtheOrdinanceforAugusta,
Georgia.Thenatureofthesechangesarenotsubsta ntivenor
regulatory,butrathereditorialtobringvariouss ectionsofthe
Ordinancesintoconformancewiththecorrectnameo fAugusta,
Georgia,toreassignresponsibilityandauthoritya saresultofthe
reorganizationofAugusta’sgovernmenttothecurre nt
departmentsandpositions,andforotherpurposes.Deferredfrom
July72011andreturnedbytheAugustaCommission attheJuly
19,2011meeting.Theordinancesinquestionareas follows:
ComprehensiveZoningOrdinance,AddressingOrdinanc e,Land
SubdivisionRegulations,SitePlanRegulations,Sto rmwater
ManagementOrdinance,TreeOrdinance,FloodDamage
PreventionOrdinance,GradingOrdinance,SoilErosi onand
SedimentControlOrdinance,GroundwaterRechargeAr ea
ProtectionOrdinance,WaterSupplyandWatershedOrd inance,
HistoricPreservationOrdinance.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :Cover Memo
Item # 2
ClerkofCommission
Cover Memo
Item # 2
1 - 1
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. (new date of adoption)
Attachment number 1
Page 1 of 164
Item # 2
1 - 2
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, Georgia 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 1
Page 2 of 164
Item # 2
1 - 3
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 1
Page 3 of 164
Item # 2
1 - 4
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
25-E
Savannah River Corridor Protection District
Special District Classifications
25D-1
25E-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 1
Page 4 of 164
Item # 2
1 - 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 1
Page 5 of 164
Item # 2
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,
Georgia Board of Zoning Appeals. The term " Planning Commission" means the Augusta,
Georgia Planning Commission as provided for in Title 1 and Title 8 of the Augusta, Georgia
County Code by virtue of the Home Rule Provision of the constitution of the State of Georgia of
1983. “Commission” 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.
Attachment number 1
Page 6 of 164
Item # 2
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, Georgia
"BUILDIG LIE SETBACK" shall mean the distance between the building line and the
street line in a district, lot, tract, or parcel of land.
“CAFÉ” shall mean a restaurant having a seating capacity of less than 40 persons and
conducted consistent with Section 6-2-52 of the Augusta Georgia Code thereby regulating
alcohol licenses for eating establishments.
"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.
Attachment number 1
Page 7 of 164
Item # 2
2 - 3
"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.
"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. DELETE
"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 subdivision 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
Attachment number 1
Page 8 of 164
Item # 2
2 - 4
houses, flats, apartment hotels, bachelor apartments, studio apartments, kitchenette apartments,
and all other dwellings similarly occupied.
"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.
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"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;
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
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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
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 and Development
Department 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.
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"LOCAL GOVERMET ETERPRISES" shall mean the Augusta 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.
"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.
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"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.
"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, Georgia 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
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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.
"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, Georgia 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, 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.
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“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
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).
“RESTAURAT” shall mean an eating establishment having a seating capacity of at least 40
persons and conducted consistent with Section 6-2-52 of the Augusta Georgia Code thereby
regulating alcohol licenses for eating establishments.
"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 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"
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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
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
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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).
"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.
“TAVER” shall mean a drinking establishment having a seating capacity of less than 40
persons conducted consistent with Section 6-2-51 of the Augusta Georgia Code thereby
regulating alcohol licenses (excluding dancing and entertainment).
"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
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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.
"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
July 2011- Café, Restaurant, Tavern
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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,
adopted by Augusta, Georgia 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, Georgia 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.
(ee) Nearer than forty (40) feet from the right-of-way line of Morgan Road
from Tobacco road to US Highway #1.
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Item # 2
3 - 4
(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 1
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Item # 2
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 and Development Department 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 1
Page 23 of 164
Item # 2
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 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 1
Page 24 of 164
Item # 2
4 - 3
Attachment number 1
Page 25 of 164
Item # 2
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 and
Development Department 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 1
Page 26 of 164
Item # 2
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 and
Development Department 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 1
Page 27 of 164
Item # 2
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 1
Page 28 of 164
Item # 2
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 1
Page 29 of 164
Item # 2
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 1
Page 30 of 164
Item # 2
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 1
Page 31 of 164
Item # 2
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 1
Page 32 of 164
Item # 2
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 1
Page 33 of 164
Item # 2
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 1
Page 34 of 164
Item # 2
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, Fort Gordon 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 1
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Item # 2
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 Planning and Development Department. 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 1
Page 36 of 164
Item # 2
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 1
Page 37 of 164
Item # 2
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
Planning and Development Department. 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 1
Page 38 of 164
Item # 2
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 Planning and Development 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 1
Page 39 of 164
Item # 2
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 1
Page 40 of 164
Item # 2
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
Planning and Development Department 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 Augusta Planning and
Development Department 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 Augusta Planning and Development
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 1
Page 41 of 164
Item # 2
8 - 3
(1) A Manufactured Home Permit must be acquired from the Augusta
Planning and Development Department 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 Augusta Planning and
Development Department 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 Augusta Planning and
Development Department 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 Augusta Planning and Development
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
Attachment number 1
Page 42 of 164
Item # 2
8 - 4
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, Georgia 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, Georgia
shall govern the size of electrical wiring, plumbing, etc., which must be
installed before such home occupation may begin.
Attachment number 1
Page 43 of 164
Item # 2
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 Planning and Development Department 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 Planning and Development Department.
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
Commission upon advisement by the Augusta Planning and Development
Department 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
iv. Applicant must provide proof of application for registration from
the Georgia Department of Human Resources Day Care Licensing
Unit
Attachment number 1
Page 44 of 164
Item # 2
8 - 6
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
satellite dish antenna may be located in any front yard. TV Satellite dishes less than one
(1) meter in diameter shall not be regulated.
Attachment number 1
Page 45 of 164
Item # 2
8 - 7
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 Planning and Development
Department, 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
the Augusta Planning and Development Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
Attachment number 1
Page 46 of 164
Item # 2
8 - 8
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 1
Page 47 of 164
Item # 2
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 Planning and Development 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 1
Page 48 of 164
Item # 2
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 Planning and Development 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 1
Page 49 of 164
Item # 2
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 Planning and Development 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 1
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Item # 2
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 Augusta Planning and Development Department 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, Georgia.
12-10. Buffer Yard: A 10 foot wide buffer yard which meets the requirements of the Augusta
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 Augusta Planning and Development Department 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
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
Attachment number 1
Page 55 of 164
Item # 2
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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
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Item # 2
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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) Lot 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 Planning and Development 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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Item # 2
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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 Planning and Development 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 Planning and Development 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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Item # 2
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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.
Attachment number 1
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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 Planning and Development 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.
Attachment number 1
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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 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 1
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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 Augusta Planning and Development Department or Augusta 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 1
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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 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 1
Page 68 of 164
Item # 2
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 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)
accompanied by supportive documentation which describes in detail the
services to be provided and the proposed use and development of the site.
Attachment number 1
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Item # 2
20 - 2
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 1
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Item # 2
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 Planning and Development 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 1
Page 71 of 164
Item # 2
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 1
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Item # 2
21 - 2
(20) DELETED
(21) Photographer (including sale of supplies and equipment)
(22) Café having a seating capacity of less than 40 persons and conducted
consistent with Section 6-2-52 of the Augusta Georgia Code thereby
regulating alcohol licenses for eating establishments. Restaurant having a
seating capacity of at least 40 persons and conducted consistent with
Section 6-2-52 of the Augusta Georgia Code thereby regulating alcohol
licenses for eating establishments.
(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 Planning and Development Department;
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, Georgia Planning Commission may
be permitted in a B-1 Zone.
Attachment number 1
Page 73 of 164
Item # 2
21 - 3
(e) Shopping Centers: The petitioner shall submit to the Augusta Planning and
Development Department 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:
Attachment number 1
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Item # 2
21 - 4
• Hours of operation – the establishment would not be open for business more than
18 hours per day
• 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
d) A Tavern having a seating capacity of less than 40 persons conducted consistent with
Section 6-2-51 of the Augusta Georgia Code thereby regulating alcohol licenses
(excluding dancing and entertainment).
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.
Attachment number 1
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21 - 5
(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.
(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 Planning and Development 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
Amended January 2005 – Section 21-1 (b)(32)
Amended May 2009 –Section 21-2
Amended July 2011- Section 21-1(b)
Amended July 2011 – Section 21-2(d)
Attachment number 1
Page 76 of 164
Item # 2
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, Georgia
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 1
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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, Georgia 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 1
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Item # 2
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 1
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Item # 2
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 Planning and Development 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 1
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Item # 2
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.
Attachment number 1
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Item # 2
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.
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Item # 2
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, cement products, 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 - 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 Planning and Development 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 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
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Item # 2
25 - 1
SPECIAL DISTRICT CLASSIFICATIOS
SECTIO 25
HPA (HISTORIC PRESERVATIO AREA) ZOE
ETIRE SECTIO DELETED .
Attachment number 1
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Item # 2
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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Item # 2
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 Planning and Development Department
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
Planning and Development Department 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,
Georgia Planning Commission for approval, modification, or disapproval of the
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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 Augusta Planning and Development Department, 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
Riverfront Development Review Board.
(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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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 Planning and Development Department.
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 of the Augusta Planning and Development Department who
shall process the proposed development plans in accordance with the Zoning
Ordinance and the Land Subdivision Regulations for Augusta 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 # 2
25 - B - 1
SPECIAL DISTRICT CLASSIFICATIOS
SECTIO 25-B
SCA (SPECIAL SIG COTROL AREA) DISTRICT
ETIRE SECTIO DELETED
Attachment number 1
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Item # 2
25 - C - 1
SPECIAL DISTRICT CLASSIFICATIO
SECTIO 25-C
RIVER WATCH PARKWAY
ETIRE SECTIO DELETED
Attachment number 1
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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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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 Natural 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-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 to the 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.
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Item # 2
25 - E - 1
SPECIAL DISTRICT CLASSIFICATIOS
SECTIO 25
OVERLAY DISTRICTS
25-E-1 STATEMET OF ITET : Overlay zoning is an established method of creating
special zoning districts placed over existing base zoning. The purpose of overlay zoning is to
provide additional protection and/or guidance for specific areas through regulations and/or
incentives that are applied in addition to the base zoning requirements.
Overlay districts are tools for implementing plans by protecting critical areas for groundwater
recharge, floodplains, or prime farmland. They could also be used to protect the character of
neighborhoods, commercial districts, and corridors. They could guide development more
carefully than base zoning by identifying future urban zones and mixed use areas, and they could
protect critical impact zones such as airports from encroachment.
25-E-2 METHOD OF DESIGATIO : Areas which conform to the intent expressed in 25-1
and the criteria in Section 25-4 may be considered for designation as Overlay Districts. Such
designations shall be done on an individual basis by amending the text of the Comprehensive
Zoning Ordinance and the maps attached thereto. Designations shall be made as additions to this
Section, setting forth the name and geographic description of the overlay district and the
additional special regulations and incentives attached thereto. Designation of overlay districts
shall follow the procedures set forth in Section 35 of this Ordinance.
25-E-3 APPLICATIO : The following are empowered to apply for designation of an Overlay
district: The Augusta Commission or any department thereof; the owners of at least 10
contiguous properties, or the owners of 10 percent of the total number of properties within a
proposed district.
The application for designation of an overlay zone shall be accompanied by all supporting
documentation including the proposed geographical boundaries for the proposed area, the
complete text of the proposed additional requirements and/or incentives, a thorough explanation
and justification for the proposed designation, and a fee set by the City of Augusta that is
sufficient to cover the cost of staff time, public notification, and other expenses. Applications
from the Augusta Commission or departments thereof shall not be required payment of fee.
When an application is received by the Staff of the Augusta Planning and Development
Department, a determination shall be made regarding its completeness. If incomplete, it shall be
returned to the applicant. If deemed complete then within 30 days of receipt, written notice of
the application shall be sent by the Staff of the Augusta Planning and Development Department
by regular mail to the owners of all properties located within the proposed district, as shown on
the current records of the Tax Assessor’s Office. The notice shall set forth the purpose of the
district, the geographic limits, the name(s) of the applicants, and the date and time for a public
hearing to be held for the purpose of receiving input regarding the proposed Overlay District. At
the time that such notice is given, the application shall be deemed accepted, and the procedures
set forth in Section 35 of the Comprehensive Zoning Ordinance shall be followed.
25-E-4 CRITERIA FOR DESIGATIO – An application for designation of an overlay
district shall conform to the following criteria in order to be considered by the Augusta
Commission, whether initiated by the City or by another party:
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a) The area must be of contiguous geography and it must be characterized by some
significant common element, be it environmental sensitivity, period of development,
neighborhood character, future development potential, or something similar; and
b) The full text of the proposed additional requirements for the proposed overlay district
must be provided at the time of the application for designation. Such additional
requirements must be reasonable to facilitate the intent and purpose of the designation
as well as the Goals, Objectives, Intent and Purpose of the Comprehensive Plan and
other pertinent plans adopted by the City of Augusta.; and
c) The benefits of the proposed additional regulations to the public health, safety, and
welfare shall be sufficiently documented to clearly indicate that they are more
significant than the sum of potential effects of diminished property values and other
detrimental impacts of the designation.
25-E-5 ADMIISTRATIO AD APPEALS : The staff of the Augusta Planning and
Development Department shall administer the provisions of this section. Within an approved
Overlay District any application for approval of a site plan, subdivision plat, special exception,
variance, rezoning, building permit or business license shall be reviewed by staff for
conformance with the additional requirements of the applicable overlay zone. If deemed
inconsistent with the requirements of this section, then such application shall be rejected. The
applicant may appeal such staff decision to the Board of Zoning Appeals (BZA) provided such
appeal is heard within 90 days of the staff decision. The applicant in such situations is
responsible for filing an application with the BZA and paying such fees as provided for in this
Ordinance or in the bylaws of the BZA.
25-E-6 PRE-EXISTIG OVERLAY ZOES : Anything provided for in the Comprehensive
Zoning Ordinance that might be construed as an Overlay District which pre-dates the adoption of
this section shall not be subject to the regulations set forth in this section.
Adopted July 2011
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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 including, but
not limited to, the care for fewer than nineteen (19) children under the age of eighteen
(18) for not more than four (4) hours per day, 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 Staff of the Augusta Planning and Development
Department before the proposal is placed on the agenda. The Planning
Commission shall determine that all of the foregoing requirements have
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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:
(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 Staff of the Augusta Planning and Development
Department 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 Staff of the Augusta Planning and Development
Department 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.
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(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
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 Staff of the Augusta Planning and Development
Department 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 Staff of the Augusta Planning and Development
Department 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
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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
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.
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(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 Staff of the Augusta Planning and
Development Department 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 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 Staff of the Augusta Planning and
Development Department 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 Staff of the Augusta Planning and
Development Department 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
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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.
(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 Planning and Development Department or by other reasonable
proof of the establishment of vested rights. If a Special Exception is granted and the use
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is initiated but later ceases to operate for a period of one (1) year, then the Special
Exception shall no longer be valid.
Amended July 2011 – Section 26-1 (a)
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, Georgia 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 Staff of the Augusta Planning and Development Department 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 Staff of the Augusta Planning and Development
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Department plans and specifications for the development of such park in accordance with
the requirements of this Ordinance. The Staff of the Augusta Planning and Development
Department 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 Staff of the Augusta Planning and Development Department
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. The Staff of the Augusta Planning and Development Department 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. (DELETE ALL GREEN)
27-4 Transfer of Manufactured Home Parks: Every Manufactured Home Park owner shall
give notice in writing to the Staff of the Augusta Planning and Development Department
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
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lieu of public systems provided they are developed in accordance with the
provisions of the Groundwater Recharge Area Protection Ordinance.
(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
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entrance of the manufactured home. An awning may be placed over such
patio, but no structure shall be placed thereon.
(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
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(Agriculture) or R-MH (Manufactured Home Residence) Zones under the following
conditions:
(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
installed in accordance with O.C.G.A. Title 8, Chapter 2, Article 2, Part 3, and
shall be provided with a solid skirting / curtain wall enclosure constructed of
masonry to include stone, faux stone, brick, faced block, or stucco with the
required vents.
(f) No manufactured home shall be located on an individual lot, parcel, or tract until
the location has been approved by the Staff of the Augusta Planning and
Development Department, 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.
Amended – Section 27-7(e) – June 2011
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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, Georgia, 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, Georgia 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, Georgia 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
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, Georgia 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, Georgia 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, Georgia’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, Georgia;
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 Planning and
Development Department
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, Georgia 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, Georgia 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, Georgia 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, Georgia 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, Georgia 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 Augusta Tree
Ordinance.
E. Setbacks.
The following setback requirements shall apply to all telecommunications facilities,
provided however, that the Augusta, Georgia 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. Monopole and antenna telecommunication facilities may be located in a
single family residential zone upon the granting of a special exception.
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 Augusta
Planning and Development Department 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);
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10. Proximity to property owned by Augusta, Georgia that could be utilized for
construction at the same or less cost to the carrier while accomplishing the same
coverage goals of the carrier.
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, Georgia 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:
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1. Telecommunications facility height and design, including technical, engineering,
economic, and other pertinent factors governing selection of the proposed design;
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 Augusta, Georgia Planning Commission within the
one year period asking for an extension, which the Augusta, Georgia 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, Georgia, 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
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facilities. New construction other than routine maintenance shall comply with the
requirements of this ordinance.
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.
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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 Augusta Planning and Development 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
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smallest circle, triangle, rectangle, a combination of the foregoing. The sign surface area
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 Augusta
Planning and Development 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, Georgia 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 Augusta
Planning and Development 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 Augusta Planning and Development 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 Augusta Planning and Development Department. Signs to be located in locally
designated historic districts (Title 7, Chapter 4 of the Augusta, Georgia 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 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, Georgia:
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 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, Georgia, 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.
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.
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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.
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
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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, Georgia 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,
Georgia Code), the maximum sign surface area shall be 35 feet in a B-1 zone.
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
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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, Georgia 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
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).
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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 an 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 that all equipment or products are approved by
one of the organizations currently recognized by OSHA as “ationally
Recognized Testing laboratories (RTL)’. All signs, together with their supports,
braces, guys and anchors, shall be kept in good repair and, unless constructed of
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galvanized or non-corroding 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
Development Riverfront Zone (PDR) or National Register or locally designated
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historic districts (Title 7, Chapter 4 of the Augusta, Georgia 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;
• Tobacco Road, 1000 feet from the right-of-way line;
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• 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.
Only one (1) sign face facing traffic moving in one direction shall be permitted on an
off-premises sign.
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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. 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
that all equipment or products are approved by one of the organizations currently
recognized by OSHA as “ationally Recognized Testin g laboratories (RTL)’. All
signs, together with their supports, braces, guys and anchors, shall be kept in good
repair and, unless constructed of galvanized or non-corroding 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 Planning and Development Department. 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-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 Augusta Planning and
Development 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 Augusta Planning and Development 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 Augusta Planning and Development 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 Augusta Planning and
Development 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 Augusta Planning and Development 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
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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 direction of the Augusta Planning and Development 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 Augusta Planning and
Development Department 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) November 2010
Section 28-B-8-(K) May 2011
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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, Georgia 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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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
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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
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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 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.
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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
Augusta Planning and Development Department 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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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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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, Georgia 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 Planning and Development 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, 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 Augusta Planning and Development Department.
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 Augusta Planning and Development 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 Augusta Planning and Development Department.
(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 Planning and Development Department 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, Georgia 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 Planning and Development Department.
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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 Augusta Planning and Development Department and
shall be in compliance with the following:
(a) A conference with the Staff of the Augusta Planning and Development
Department 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 Augusta Planning and
Development Department.
(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
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telephone number for correspondence, and any other information required
elsewhere in this Ordinance, shall be included with the petition.
(e) A fee which has been calculated by the City of Augusta 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, Georgia 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 Staff of the Augusta Planning and Development Department 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 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
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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.
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:
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(a) Posting notice on the affected premises in the manner prescribed by subsection (b)
of this Code section; and
(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, Georgia 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, Georgia and the municipality must begin a negotiation process described in an
agreement between Augusta, Georgia, 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.
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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 Commission under the Common Seal thereof this
16th day of September, 1997.
Approved this 16th day of September , 1997.
_____________________________
Mayor
Augusta, Georgia
ATTEST:
________
(Witness)
Attachment number 1
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Item # 2
LAND SUBDIVISION REGULATIONS
FOR
AUGUSTA, GEORGIA
Development Document #3
Augusta Planning & Development Department
Updated – July 2011
Attachment number 2
Page 1 of 45
Item # 2
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
Attachment number 2
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Item # 2
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.
Attachment number 2
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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
Attachment number 2
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Item # 2
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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 2
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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.
Attachment number 2
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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 2
Page 20 of 45
Item # 2
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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 2
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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.
Attachment number 2
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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
Attachment number 2
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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;
Attachment number 2
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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 ____________________
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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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Item # 2
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
Attachment number 4
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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.
12
Attachment number 4
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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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(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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§ 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 CHA RGES.
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.
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Item # 2
AUGUSTA
TREE ORDINANCE
AND
TREE ORDINANCE ILLUSTRATED GUIDE
REVISED: July 2011
Attachment number 6
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Item # 2
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 6
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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 6
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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.
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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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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.
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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, 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.
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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
Attachment number 6
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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.
Attachment number 6
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Attachment number 6
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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 EXECUTIVE 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;
Attachment number 7
Page 18 of 23
Item # 2
19
(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,
Attachment number 7
Page 19 of 23
Item # 2
20
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 BAS E
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.
Attachment number 7
Page 20 of 23
Item # 2
21
(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,
Attachment number 7
Page 21 of 23
Item # 2
22
(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 HAZARD (ZOES A E) 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.
Attachment number 7
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Item # 2
23
§ 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
Attachment number 7
Page 23 of 23
Item # 2
GRADIG ORDIACE
AUGUSTA, GEORGIA
DEVELOPMENT DOCUMENT #11
AUGUSTA PLANNING & DEVELOPMENT DEPARTMENT
JULY 2011
Attachment number 8
Page 1 of 7
Item # 2
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.
Attachment number 8
Page 2 of 7
Item # 2
§ 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
Attachment number 8
Page 3 of 7
Item # 2
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 8
Page 4 of 7
Item # 2
(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 8
Page 5 of 7
Item # 2
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.
Attachment number 8
Page 6 of 7
Item # 2
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 8
Page 7 of 7
Item # 2
1
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).
Attachment number 9
Page 1 of 24
Item # 2
2
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
Attachment number 9
Page 2 of 24
Item # 2
3
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____________________________
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Item # 2
GROUDWATER RECHARGE PROTECTIO
ORDIACE
FOR
AUGUSTA, GEORGIA
Development Document #12
Augusta, Georgia
Updated July 2011
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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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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 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 10
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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
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WATER SUPPLY WATERSHED PROTECTIO
ORDIACE
FOR
AUGUSTA, GEORGIA
Development Document #13
Augusta, Georgia
Updated July 2011
Attachment number 11
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Item # 2
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
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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 _________
Attachment number 11
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CommissionMeetingAgenda
8/16/20115:00PM
Z-11-27
Department:PlanningCommission
Caption: Z-11-27-ArequestforconcurrencewiththeAugustaPlan ning
Commissionto approve apetitionbyAdriannePaschal
requestinga SpecialException toestablisha FamilyPersonal
CareHome perSection26-1(h)oftheComprehensiveZoning
OrdinanceforAugusta,Georgiaaffectingpropertyc ontaining
approximately.13acresandisknownas 1431PerryAvenue .
(TaxMap046-3-445-00-0).DISTRICT1
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 3
CommissionMeetingAgenda
8/16/20115:00PM
Z-11-33
Department:PlanningCommission
Caption: Z-11-33–ArequestforconcurrencewiththeAugustaPlann ing
Commissionto approveapetitionbyNorthViewCommunity
Associationetalrequestingachangeofzoningfro m ZoneR-3B
(MultipleFamilyResidential)andZoneB-2(General
Business)toZoneR-1A(One-familyResidential)affecting
propertylocatedatthecorneroftheintersection ofSouthBarton
DriveandMikePadgettHighwayandknownasNorthV iew
Subdivision.Acompleteparcellistisavailableat thePlanning
Commissionofficeslocatedat 525TelfairDrive .DISTRICT6
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 4
CommissionMeetingAgenda
8/16/20115:00PM
AlcoholApplication
Department:License&Inspections
Caption:Motionto denyaNewOwnershipApplication:A.N.11-28:
requestbyUrveshPatelforaretailpackage Liquorlicensetobe
usedinconnectionwithNesha&Bansi,Inc.DBAH&SWine&
Spiritslocatedat 545SandBarFerryRd .District1.Super
District9.(ApprovedbyPublicServicesCommittee August8,
2011)
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 :
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CommissionMeetingAgenda
8/16/20115:00PM
AlcoholApplication
Department:License&Inspections
Caption:Motionto approve NewApplication:A.N.11-31:requestby
MesiamShodjaforanonpremiseconsumption Liquor,Beer&
WinelicensetobeusedinconnectionwithCrazyTurks PizzaBar
&Grilllocatedat 2910WashingtonRd.TherewillbeSunday
Sales.District7.SuperDistrict10 .(ApprovedbyPublic
ServicesCommitteeAugust8,2011)
Background:Thisisanewapplication.
Analysis:TheapplicantmeetstherequirementsoftheAugusta Richmond
CountyAlcoholOrdinance.
FinancialImpact:Theapplicantwillpayapro-ratedfeeof$3,327.50.
Alternatives:
Recommendation:License&Inspectionsrecommendsapproval.TheRCSO
recommendsapproval.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
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CommissionMeetingAgenda
8/16/20115:00PM
AlcoholApplication
Department:License&Inspections
Caption:Motionto approve NewOwnershipApplication:A.N.11-32:
requestbySaeShinforanonpremiseconsumption Beer&Wine
licensetobeusedinconnectionwithBlueSkyKitc henlocatedat
990BroadSt.District1 .SuperDistrict9.(ApprovedbyPublic
ServicesCommitteeAugust8,2011)
Background:Thisisanewownershipapplication.Formerlyinth enameof
BarryBlackstone.
Analysis:TheapplicantmeetstherequirementsoftheAugusta Richmond
CountyAlcoholOrdinance.
FinancialImpact:Theapplicantwillpayapro-ratedfeeof$605.00 .
Alternatives:
Recommendation:License&Inspectionsrecommendsapproval.TheRCSO
recommendsapproval.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
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CommissionMeetingAgenda
8/16/20115:00PM
AlcoholApplication
Department:License&Inspections
Caption:Motionto approveNewOwnershipApplication:A.N.11-34:
requestbyVincentClaytonforanonpremiseconsum ption
Liquor,Beer&Wine licensetobeusedinconnectionwithXS
Livelocatedat1082BertramRd.TherewillbeDanc e.District7.
SuperDistrict10.(ApprovedbyPublicServicesCommittee
August8,2011)
Background:Thisisanewownershipapplication.Formerlyinth enameof
KeenjiAlvarado.
Analysis:TheapplicantmeetstherequirementsoftheAugusta Richmond
CountyAlcoholOrdinance.
FinancialImpact:Theapplicantwillpayapro-ratedfeeof$2,227.5 0.
Alternatives:
Recommendation:License&Inspectionsrecommendsapproval.TheRCSO
recommendsapproval.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
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CommissionMeetingAgenda
8/16/20115:00PM
DiamondLakesRegionalParkPhaseICampgroundEngi neeringServices
Department:TomBeck,Director-Recreation,ParksandFaciliti esDepartment
Caption:Motionto approveanengineeringservicesagreementforthefirst
phaseofanewcampgroundfacilityatDiamondLakes Regional
ParkwithCranstonEngineeringGroupintheamount of
$42,460.00.(ApprovedbyPublicServicesCommitteeAugust
8,2011)
Background:ParkimprovementstoanumberofCityParkshavebe enfunded
throughSPLOSTPhaseVI.Thisproposedcampground
developmentisinlinewiththeoverallMasterPlan forDiamond
Lakes,asapprovedbytheAugustaCommission.
Analysis:CranstonEngineeringGroup(CEG)hasbeentheprofe ssional
servicesleadonthisparkdevelopmentfromitsinc eption.In
addition,CEGprovidedservicesthroughacampingf easibility
studyapprovedin2008.Inordertomaintainconsis tencywith
designandengineering,theDepartmentisrequestin gCEG
providecontinuedservicesforthecampgrounddevel opment.
FinancialImpact:Fundsforthisparkimprovementprojectareavailab lefrom
SPLOSTVI.
Alternatives:1.Approveanengineeringservicesagreementforth efirstphase
ofanewcampgroundfacilityatDiamondLakesRegio nalPark
withCranstonEngineeringGroupintheamountof$4 2,460.00.2.
MoveNoAction
Recommendation:#1.Approveanengineeringservicesagreementfort hefirstphase
ofanewcampgroundfacilityatDiamondLakesRegio nalPark
withCranstonEngineeringGroupintheamountof$4 2,460.00.
FundsareAvailable
intheFollowing
Accounts:
DiamondLakes328-06-1110-211066401
Cover Memo
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REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
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CommissionMeetingAgenda
8/16/20115:00PM
HenryBrighamSwimCenterImprovements
Department:TomBeck,Director-Recreation,ParksandFaciliti esDepartment
Caption:Motionto approveA/Edesignfeesinamountof$34,500to
VirgoGambillArchitectsforPhaseIIdesignservic esfor
improvementstotheHenryBrighamSwimCenter.(Approvedby
PublicServicesCommitteeAugust8,2011)
Background:TheAugustaCommissionapprovedSPLOSTPhaseVIfun ding
forimprovementstotheHenryBrighamSwimCentera ndfor
community-wideswimmingpoolrenovations.Thisfaci lityis13
yearsoldandisinneedofseveralimprovementsto include
architectural,mechanicalandelectricalimprovemen ts.
Analysis:In2007,theCityretainedtheservicesofamechan icalengineerto
evaluatethevariousdeficienciesandtoprovidea courseofaction
tocorrecttheproblems.Therecommendedactionwas tocontract
withanarchitecttoprovidedesignservicesasreq uired.In
Decemberof2010theAugustaCommissionapprovedVi rgo
GambillArchitectstoprovidedesignservicesforP haseI
improvementswhichcoveredthemechanical(dehumidi fication
system).
FinancialImpact:FundshavebeenapprovedasidentifiedintheSPLOS TVIlistof
approvedprojectsforthedepartment.
Alternatives:1.ApproveA/Edesignfeesof$34,500toVirgoGamb ill
ArchitectsforPhaseIIdesignservicesforimprove mentstothe
HenryBrighamSwimCenter.2.Movenoactionthusd elayingthe
requiredimprovementsatthisfacility.
Recommendation:1.ApproveA/Edesignfeesof$34,500toVirgoGamb ill
ArchitectsforPhaseIIdesignservicesforimprove mentstothe
HenryBrighamSwimCenter.
FundsareAvailable
intheFollowing 328-06-1110-211066902
Cover Memo
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Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
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CommissionMeetingAgenda
8/16/20115:00PM
LoanAgreementforGolfStatues
Department:ClerkofCommission
Caption:Motionto approvetherenewaloftheLoanAgreementwiththe
AugustaMuseumofHistoryforthefivegolfstatues .(Approved
byPublicServicesCommitteeAugust8,2011)
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
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CommissionMeetingAgenda
8/16/20115:00PM
MutualAidAgreement-Columbiacounty
Department:AugustaRegionalAirport
Caption:Motionto approveaMutualAidAgreementwithColumbia
CountyasapprovedbytheAugustaAviationCommissi onattheir
July28thMeeting.(ApprovedbyPublicServicesCommittee
August8,2011)
Background:ColumbiaCounty,Georgiahasagreedtoenterintoa mutualaid
agreementwithAugustaRegionalAirportthatwilla llowthe
airportFireDepartment(ARFF)torenderassistance underthe
termsoftheagreement.Thisagreementistosecure foreachthe
benefitsofmutualaidinfireprevention,theprot ectionoflifeand
propertyfromfire,andfirefightingtoincludeeme rgencyservices,
basicmedicalsupport,basicandadvancedlifesupp ort,hazardous
materialcontainmentandconfinement,andspecialr escueevents
involvingvehicularandwatermishaps,andtrench,building,and
confinedspaceextractions.
Analysis:HavinganagreementwithColumbiaCounty,Georgiaa tnocost
willensurethatAugustaRegionalAirportwillhave additional
personnelandequipmentincaseofamajorincident .
FinancialImpact:TherearenocostsassociatedwiththeAgreement.
Alternatives:Denyrequest.
Recommendation:TheAugustaAviationCommissionrequeststhattheA ugusta
RichmondCountyCommissionapprovethenocostagre ement
betweenAugustaRegionalAirportandColumbiaCount y,
Georgia.
FundsareAvailable
intheFollowing
Accounts:
N/A
Cover Memo
Item # 12
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
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CommissionMeetingAgenda
8/16/20115:00PM
MutualAidAgreement-DepartmentoftheArmy
Department:AugustaRegionalAirport
Caption:Motionto approve aMutualAidAgreementwiththeDepartment
oftheArmyfortheAugustaRegionalAirport.(Approvedby
PublicServicesCommitteeAugust8,2011)
Background:TheDepartmentoftheArmy,FortGordon,Georgia,h asagreedto
enterintoamutualaidagreementwithAugustaRegi onalAirport
thatwillallowtheairportFireDepartment(ARFF)t orender
assistanceunderthetermsoftheagreement.Thisa greementisto
secureforeachthebenefitsofmutualaidinfire prevention,the
protectionoflifeandpropertyfromfire,andfir efightingto
includeemergencyservices,basicmedicalsupport,b asicand
advancedlifesupport,hazardousmaterialcontainme ntand
confinement,andspecialrescueeventsinvolvingve hicularand
watermishaps,andtrench,building,andconfineds pace
extractions.
Analysis:HavinganagreementwiththeDepartmentoftheArmy ,Fort
Gordon,GeorgiaatnocostwillensurethatAugusta Regional
Airportwillhaveadditionalpersonnelandequipmen tincaseofa
majorincident.
FinancialImpact:N/A
Alternatives:Denyrequest.
Recommendation:ApprovetheAugustaAviationCommission'srequestf orthe
MutualAidAgreementbetweenAugusta-RichmondCount y
Georgia,AugustaRegionalAirportandtheDepartmen tofthe
Army,FortGordon,Georgia.
FundsareAvailable
intheFollowing
Accounts:
N/A
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REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
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Item # 13
CommissionMeetingAgenda
8/16/20115:00PM
AlcoholApplication
Department:License&Inspections
Caption:Motionto approveNewApplication:A.N.11-33:requestby
MikeM.Raeisghasemforanonpremiseconsumption Liquor,
Beer&Wine licensetobeusedinconnectionwiththeDoris
BuildingLLCDBATantraLoungelocatedat 930BroadSt .
District1.SuperDistrict9 .(Norecommendationfrom
thePublicServicesCommitteeinmeetingAugust8,2011)
Background:Thisisanewapplication.
Analysis:TheapplicantmeetstherequirementsoftheAugusta Richmond
CountyAlcoholOrdinance.
FinancialImpact:Theapplicantwillpayapro-ratedfeeof$2117.5 0.
Alternatives:
Recommendation:License&Inspectionsrecommendsapproval.TheRCSO
recommendsapproval.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 14
Attachment number 1
Page 1 of 2
Item # 14
Attachment number 1
Page 2 of 2
Item # 14
CommissionMeetingAgenda
8/16/20115:00PM
Revised2011CDBG,HOME,HOPWA&ESGAllocations
Department:HousingandCommunityDevelopment
Caption:Motionto approveamendingthe2011ActionPlanduetoa
decreaseinFiscalYear2011allocationsfortheCo mmunity
DevelopmentBlockGrant(CDBG),HOMEInvestment
Partnerships(HOME),HousingOpportunitiesforPers onswith
AIDS(HOPWA)andEmergencyShelterGrant(ESG)Prog rams.
(ApprovedbyAdministrativeServicesCommitteeJuly 11,
2011)
Background:OnNovember4,2010,theCommissionapprovedthe20 11Action
Planaspartofthe2010-2014ConsolidatedPlan.At thetimethe
2011ActionPlanwassubmittedtoHUD,Congresshad not
appropriatedfundsforFiscalYear2011.Consequent ly,theCity
baseditsestimatedallocationsfor2011ongranta mountsreceived
inYear2010.OnJune3,2011,HUDnotifiedtheCi tyofits
actualallocationsforYear2011CDBG,HOME,HOPWA and
ESGwhichreflectsatotaldecreaseinfundsof
$569,319.ProvidedasAttachment#1isalistingof theestimated
programallocationsandtheactualprogramallocati onstheCity
willreceiveforYear2011.Duetothedecreasein allocations,the
2011ActionPlanmustbeamendedtotakeintoconsi derationthe
reductioninfunds.AllCDBG,HOME,HOPWAandESG
projectsareaffected.Attachment#2reflectsthee stimated
program/projectsallocations(proposed)andactual
program/projectallocationsforeachprogram.Acc ordingtothe
City’sCitizenParticipationPolicy,thisdecreasei nallocationsfor
eachprogramandeachprojecttriggersasubstantia lchangetothe
2011ActionPlan.Therefore,therevisionsmustbe presentedto
thepublicfora30-daycommentperiod.Ifcomments are
received,theywillbepresentedtotheCommission onAugust16,
2011forconsideration.Staffisrequestingautho rizationto
proceedwiththepublicationofaPublicNoticein thenewspapers
tosolicitcommentsonthechanges.ThePublicNoti ceswillbe
publishedintheAugustaChronicleJuly16,2011an dtheMetro
CourierJuly21,2011.Thedeadlineforpubliccomm entswillbe
August16,2011.Anycommentsreceivedwillbepres entedto
CommissiononAugust16,2011.
Cover Memo
Item # 15
Analysis::IthasbeenknownforsometimeFederalallocatio nsweregoing
tobedecreasedbyCongress.TheCitymustincorpor atethe
changes(decreaseinfunds)intoits2011ActionPl antoaccurately
reflectthereducedprojects’budgets.Therevised 2011Action
Planandanycommentsreceivedwillbetransmittedt oHUD.
FinancialImpact::DuetothedecreasesinCDBG,HOME,HOPWAandESG
programallocations,eachprojectwillundergoade creaseinfunds
andachangeinthescopeofservices.Therefore,t hescopeof
servicesforeachfundedprojectwillbescaledbac kto
accommodatethereductions.
Alternatives:Nonerecommended.
Recommendation:AccepttheHousingandCommunityDevelopmentDepart ment
(HCD)recommendationsforreductioninprojectfund sandgrant
HCDauthorizationtoproceedwiththepublicationo faPublic
Noticesolicitingcitizencommentsontheproposed changestothe
2011ActionPlan.OnAugust16,2011,allcomments received
willbepresentedtoCommissionforconsideration.
FundsareAvailable
intheFollowing
Accounts:
AnticipatedYear2011CDBG,HOME,HOPWAandESGfun ds
tobereceivedfromHUD.
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 15
Attachment #1 – 2011 revised allocations
ACTUAL YEAR 2011 CDBG, HOME, ESG AND HOPWA
ALLOCATIONS
Program
Estimated
Allocations ($’s)
Actual Allocations
($’s)
Decrease
($’s)
CDBG 2,448,329 2,040,442 407,887
HOME 1,373,547 1,216,121 157,426
HOPWA 429,729 425,918 3,811
ESG 99,387 99,192 195
TOTAL 4,350,992 3,781,673 569,319
Attachment number 1
Page 1 of 1
Item # 15
Attachment #2 – Revised 2011 Project List
2011 Community Development Block Grant Program
Proposed Actual
Entitlement Grant (decreased -$407,887) 2,448,329 2,040,442
Program Income (estimate) 150,000 150,000
TOTAL 2,598,329 $2,190,442
Projects Proposed Actual
• Acquisition – HCD 250,000 208,250
Public Facilities & Improvements
• Jessye Norman School of Arts Improvements 96,663 80,520
• Family “Y” Tubman Center Improvements 40,000 33,320
Public Services
• Art Factory 20,000 16,660
• Augusta Urban Ministries 10,000 8,330
• Boys and Girls Club 10,000 8,330
• CSRA Business League 15,000 12,495
• CSRA EOA “Housing Counseling” 25,000 20,825
• East Augusta CDC 17,000 14,161
• Golden Harvest Food Bank 20,000 16,660
• Kids Restart 20,000 16,660
• Lucy Laney Museum 10,000 8,330
• MACH Academy 20,000 16,660
• Olde Town Outreach Community Center 10,000 8,330
• Promise Land CDC 15,000 12,495
• Salvation Army (Job Training) 15,000 12,495
• Shiloh Community Center 13,000 10,829
Relocation 200,000 166,600
Down Payment Assistance Program 102,000 84,966
Housing Rehabilitation Program 800,000 687,228
Façade – Central Business District 105,000 87,465
Façade – Central City Revitalization District 55,000 45,815
Antioch Ministries Small Business Training 10,000 8,330
Small Business Development/Recruitment (HCD) 200,000 166,600
Administration- $433,088 & Fair Housing - $5,000 519,666 438,088
Total $2,598,329 $2,190,442
2011 HOME INVESTMENT PARTNERSHIPS PROGRAM
Proposed Actual
Entitlement Grant (decreased -$157,426) 1,373,547 1,216,121
Program Income 1,000,000 1,000,000
TOTAL $2,373,547 2,216,121
Projects
Proposed
Budget
Actual
Budget
Neighborhood Revitalization 1,730,160 1,612,091
Downpayment Assistance Program 200,000 200,000
CHDO Set-aside (15% minimum) 206,032 182,418
Administration (10% maximum) 237,355 221,612
Total $2,373,547 $2,216,121
Attachment number 2
Page 1 of 2
Item # 15
Attachment #2 – Revised 2011 Project List
2011 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM (HOPWA)
Proposed Actual Budget
Entitlement Grant (decrease -$3,811) $429,729 425,918
Projects
Proposed Budget
Actual Budget
Hope Health 100,000 99,110
St. Stephen’s Ministry 316,837 314,030
Administration (3%) 12,892 12,778
Total $429,729 $425,918
2011 EMERGENCY GRANTS PROGRAM
Proposed Actual Budget
Entitlement Grant (decreased -$195) $99,387 99,192
Proposed Projects
Proposed
Budget
Actual
CSRA EOA 14,000 14,000
Hope House 17,000 17,000
Interfaith Hospitality Network 19,939 19,818
St. Stephens 15,000 15,000
Safe Homes 4,419 4,419
Salvation Army (shelter operations) 20,000 19,935
United Way 4,060 4,060
Administration (5%) 4,969 4,960
TOTAL $99,387 $99,192
Attachment number 2
Page 2 of 2
Item # 15
CommissionMeetingAgenda
8/16/20115:00PM
SalaryAdjustments
Department:
Caption:Discusssalariesincreases,departmentalreorganiza tions,
reclassificationsandareportfromtheAdministrat oron
themethodologyusedtodeterminethepercentageof increase(s).
(RequestedbyCommissionerAlvinMason)
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 16
Attachment number 1
Page 1 of 3
Item # 16
Attachment number 1
Page 2 of 3
Item # 16
Attachment number 1
Page 3 of 3
Item # 16
CommissionMeetingAgenda
8/16/20115:00PM
MemorandumofUnderstandingbetweenMarshal'sOffic eandAugustaAviationCommission
Department:Marshal'sOfficeandAugustaRegionalAirport
Caption:Motionto approve MemorandumofAgreementbetweenthe
Marshal'sOfficeandtheAugustaAviationCommissio ninorder
toprovidelawenforcementservicesattheAugusta Regional
Airport.(ApprovedbyPublicSafetyCommitteeAugust8,
2011)
Background:TheAugustaAviationCommissionandtheMarshal'sO ffice
originallyenteredintoanagreementtoprovidelaw enforcement
servicesonMay6,2004.Duetoincreasedresponsi bilities
assumedbytheMarshal'sOfficesincetheMay6,20 04
agreement,thepartieswishtoamendtheagreementa sattachedto
reflectthoseadditionalresponsibilities.Thisag reementhasbeen
approvedbytheMarshalandwasapprovedbytheAug usta
AviationCommissionatitsJuly28thmeeting.
Analysis:
FinancialImpact:
Alternatives:Deny
Recommendation:Approve
FundsareAvailable
intheFollowing
Accounts:
AllfundswouldcomefromtheAugustaRegionalAirp ort's
budgetandnotfromthegeneralfund
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.Cover Memo
Item # 17
ClerkofCommission
Cover Memo
Item # 17
Attachment number 1
Page 1 of 2
Item # 17
3. Budget. A separate Law Enforcement budget will be established within tKH$LUSRUW¶V
budget, which will be compiled of detailed personnel (salary & fringe benefits of each
position), operations, and capital expense. The Airport has approval authority for
expenses and the 0DUVKDO¶V2IILFH will be responsible for management within budgetary
constraints. The Airport will incur the cost of providing any equipment, supplies, or
other items needed (i.e. uniforms, vests, weapons, vehicles, training, etc.) for the Airport
0DUVKDO¶V 'HWDFKPHQW so long as such costs are within the budgetary constraints as
described above. ,QFRQVLGHUDWLRQIRUSURYLGLQJDQGPDQDJLQJWKH$LUSRUW¶V0DUVKDO¶V
Detachment, the Marshal shall be granted an annual supplement of Twenty-Five
Thousand Dollars ($25,000), for contract administration which shall be paid out of the $LUSRUW¶V/DZ(QIRUFHPHQW%XGJHW The Marshal and the Airport shall work together
annually to come to an agreement on an operating and capital budget to be submitted to
the Augusta Aviation Commission and the Augusta, Georgia Commission.
4. Term. The term of this MOA shall be from the Commencement Date through December
31, 2011. This MOA will then continue on an annual basis beginning January 1st of each
year and ending December 31st of each year unless this MOA is terminated under
paragraph 5 herein.
5. Termination. The Marshal or the Airport may terminate this MOA upon sixty (60) days
written notice. Further, in the event for any reason there is a change in the person
holding the office of Marshal, such newly elected or appointed person shall have the right
to terminate this MOA within thirty (30) days after taking office. In the event of
termination, all vehicles, office furniture, uniforms, uniform equipment, weapons,
resources, and other equipment or furnishings purchased by the Aviation Commission to VXSSRUW WKH $LUSRUW¶V 0DUVKDO¶V 'HWDFKPHQWshall be retained by the Aviation
Commission.
___________________________________ ____________________________________
For: Augusta Aviation Commission )RU 5LFKPRQG&RXQW\0DUVKDO¶V2IILFH
Dated: _____________________________ Dated: ______________________________
Approved:
___________________________________
David Copenhaver, Mayor
Augusta, Georgia
Attest:
___________________________________
Clerk of Commission
Attachment number 1
Page 2 of 2
Item # 17
CommissionMeetingAgenda
8/16/20115:00PM
SentinelOffenderServicesContract
Department:ClerkofCommission
Caption:Motionto approverenewalofprobationcontractwithSentinel
OffenderServicesfor2011/2012.(ApprovedbyPublicSafety
CommitteeAugust8,2011)
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 18
Attachment number 1
Page 1 of 11
Item # 18
Attachment number 1
Page 2 of 11
Item # 18
Attachment number 1
Page 3 of 11
Item # 18
Attachment number 1
Page 4 of 11
Item # 18
Attachment number 1
Page 5 of 11
Item # 18
Attachment number 1
Page 6 of 11
Item # 18
Attachment number 1
Page 7 of 11
Item # 18
Attachment number 1
Page 8 of 11
Item # 18
Attachment number 1
Page 9 of 11
Item # 18
Attachment number 1
Page 10 of 11
Item # 18
Attachment number 1
Page 11 of 11
Item # 18
CommissionMeetingAgenda
8/16/20115:00PM
AbatementofAdValoremTaxesonLandBankProperty
Department:Law
Caption:Motionto approveabatementofAdValoremTaxesonproperty
acquiredbyAugustaandLandBank.(ApprovedbyFinance
CommitteeAugust8,2011)
Background:AugustaandLandBankAuthorityhaveacquiredsever alpiecesof
propertyinRichmondCountyandarerequestingadv alorem
taxes,fortheportionoftheyearthepropertiesw ereownedby
AugustaortheLandBank,beabated.Attachedisa listofsaid
properties.
Analysis:SeeBackground
FinancialImpact:N/A
Alternatives:DoNotApprovetheMotion.
Recommendation:ApprovetheMotion.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 19
Attachment number 1
Page 1 of 3
Item # 19
Attachment number 1
Page 2 of 3
Item # 19
Attachment number 1
Page 3 of 3
Item # 19
CommissionMeetingAgenda
8/16/20115:00PM
ApproveBudgetAdjustmentforApprovedSettlements
Department:Finance
Caption:Motionto approveBudgetAdjustmentintheamountof$272,900
forApprovedSettlements.(ApprovedbyFinanceCommittee
August8,2011)
Background:OnJuly19,2011Commissionapprovedsettlementwit h
ThompsonBuildingandWrecking,Incintheamounto f
$225,000.OnJuly25,2011Commissionapprovedsett lement
withEPAandStateofGAintheamountof$45,609.6 6andan
additional$2,281forLiaisonCounselFee.Abudget adjustmentis
necessarytocovertheseamounts.
Analysis:
FinancialImpact:FundingsourceisFundBalance
Alternatives:
Recommendation:ApproveBudgetAdjustmentforApprovedSettlements
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 20
CommissionMeetingAgenda
8/16/20115:00PM
RTGInvestmentsLLC
Department:ClerkofCommission
Caption:Motionto approvearequestfromRTGInvestments,LLCfora
waiveallpenaltiesandotherfeesregardingvariou sproperties
formerlyownedbyChaplainInvestments,LLC.(Approved by
FinanceCommitteeAugust8,2011)
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 21
Attachment number 1
Page 1 of 7
Item # 21
Attachment number 1
Page 2 of 7
Item # 21
Attachment number 1
Page 3 of 7
Item # 21
Attachment number 1
Page 4 of 7
Item # 21
Attachment number 1
Page 5 of 7
Item # 21
Attachment number 1
Page 6 of 7
Item # 21
Attachment number 1
Page 7 of 7
Item # 21
CommissionMeetingAgenda
8/16/20115:00PM
AwardofRFP#11-129,LandscapeMaintenanceService sfortheSolidWasteFacility
Department:EnvironmentalServices
Caption:Motionto approveawardofRFP#11-129,Landscape
MaintenanceServices,fortheSolidWasteFacility.(Approved
byEngineeringServicesCommitteeAugust8,2011)
Background:TheSolidWasteFacilityhasundergoneseveralmajo r
improvementstothegroundsofthepropertyoverth epast
year.Fromlandscapingthefrontentranceandcomin ginpastthe
Scalehousetothegroundsaroundthenewmaintenan ce
building.Theseareasarelandscapedwithsodandv arioustypesof
treesandshrubs.Itwillbenecessarytoretainth eservicesofa
professionallandscapemaintenanceservicetomaint ainthese
areasofourfacility.
Analysis:TheAugustaEnvironmentalServicesDepartmentandt he
ProcurementDepartmenthaveconcludedtheRFPproce ssfor
RFPItem#11-129,LandscapeMaintenanceServices.A fterthe
reviewofthesixcompliantvendors,JacobsLandMa nagement
hasmetallthespecifiedrequirementsoftheRFPd ocuments
withouttakinganyexceptionsandwithinthealloca tedbudget
amount.ItistheopinionoftheAugustaEnvironmen talServices
DepartmentthatJacobsLandManagement,withabid of
$16,500.00peryear,shouldbeawardedthecontract asbestbid.
FinancialImpact:Adequatefundsareavailablefortheamountof$16,500.00from
541-04-4210/52.22410lawnandgroundupkeep.
Alternatives:1.ApproveawardofRFP#11-129,LandscapeMaintena nce
ServicesfortheSolidWasteFacilitytoJacobsLan dManagement.
2.Donotapprovetheaward.
Recommendation:ApproveawardofRFP#11-129,LandscapeMaintenanceServices
fortheSolidWasteFacilitytoJacobsLandManagem ent.
FundsareAvailable
Adequatefundsareavailablefortheamountof$16,500.00fromCover Memo
Item # 22
intheFollowing
Accounts:
541-04-4210/52.22410lawnandgroundupkeep.
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 22
REQUEST FOR PROPOSALS
Request for Proposals will be received at this office until Thursday, May 26, 2011 @ 3:00 P.M. for furnishing:
RFP ITEM #11-129 Landscape Maintenance Services for Solid Waste 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. Documents may be examined during regular business hours
at the offices of Augusta, GA Procurement Department. A Mandatory Pre Proposal Conference will be held
on Tuesday, May 3, 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 Thursday,
May 5, 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 as the source of funding.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle April 7, 14, 21, 28, 2011
Metro Courier April 13, 2011
cc: Tameka Allen Interim Deputy Administrator
Mark Johnson Solid Waste
Lori Videtto Solid Waste
Attachment number 1
Page 1 of 1
Item # 22
VENDORS Attachment B Addendum Original 6 Copies Fee Proposal
Augusta Lawn & Turf
3618 Phillips Drive
Martinez, GA 30907
YES YES YES YES YES
Augusta Quality Lawn Care
1540 Keron Way
Hephzibah, GA 30815
YES YES YES YES YES
Between The Edges
816 Edgefield Road
North Augusta, SC 29841
YES YES YES YES YES
CSRA Landscaping
4223 Woodcreek Court
Martinez, GA 30907
YES YES YES YES YES
Davis Lawn Care
316 Un Court, Ste 2
Grovetown, GA 30813
YES YES YES YES YES
Jacobs Land Management
118 Woodland Road
Augusta, GA 30907
YES YES YES YES YES
North Georgia Landscape
Po Box 585
Statham, GA 30666
Horizon Landscape
451 Timber Wolf Trail
Martinez, GA 30907
Your Lawn Care Service
1456 Hephzibah-Mcbean Road
Hephzibah, GA 30815
RFP Item #11-129
Landscape Maintenance Services
for the City of Augusta - Solid Waste Department
RFP Due: Thursday, May 26, 2011 @ 3:00 p.m.
Non-Compliant
Late - Submittal was received Late in Procurement
Page 1 of 1
Attachment number 2
Page 1 of 1
Item # 22
Evaluation Criteria
PTS
Augusta Lawn & Turf
3618 Phillips Drive
Martinez, GA 30907
Augusta Quality
Lawn Care
1540 Keron Way
Hephzibah, GA 30815
Between The Edges
816 Edgefield Road
North Augusta, SC
29841
CSRA Landscaping
4223 Woodcreek
Court
Martinez, GA 30907
Davis Lawn Care
316 Un Court, Ste 2
Grovetown, GA
30813
Jacobs Land
Management
118 Woodland Road
Augusta, GA 30907
4XDOLILFDWLRQVRI&RPSDQ\±WRLQFOXGH
relevant projects 30 28.3 11.7 16.7 15.0 20.0 23.3
2. Qualifications of key personnel that will
actually be assigned and directly involved
and responsible throughout the duration
of the project.
15 15.0 5.0 8.3 5.0 11.7 11.7
3. Work plan and overall service schedule 35 35.0 33.3 33.3 33.3 33.3 33.3
4. References - required for RFP (include
specific individuals with addresses and
telephone numbers)
15 13.3 13.3 13.3 13.3 15.0 13.3
5. Proximity to Augusta
Within Aug. Richmond County 5 pts
Within the CSRA 4 pts
Within Georgia 3 pts
Within SE United States
(includes AL, TN, NC, FL) 2 pts
All others 1 pt
5 4.0 5.0 4.0 4.0 4.0 5.0
Total 100 95.7 68.3 75.7 70.7 84.0 86.7
Cumulative Evaluation Sheet - RFP Item #11-129
Landscape Maintenance Services
for the City of Augusta - Solid Waste Department
Item # 22
Attachment number 4
Page 1 of 1
Item # 22
Attachment number 5
Page 1 of 2
Item # 22
Attachment number 5
Page 2 of 2
Item # 22
Attachment number 6
Page 1 of 2
Item # 22
Attachment number 6
Page 2 of 2
Item # 22
Attachment number 7
Page 1 of 3
Item # 22
Attachment number 7
Page 2 of 3
Item # 22
Attachment number 7
Page 3 of 3
Item # 22
CommissionMeetingAgenda
8/16/20115:00PM
EmergencyProject–WindstormHazards
Department:AbieL.Ladson,PE,CPESC,Director
Caption:Motionto approvetheEmergencyTreesCutandRemovalinthe
amountof$28,944.20forHorizonConstruction;fund edfrom
SPLOSTPhaseIVaccountnumber323-041110-201824021 as
requestedbyAED.(ApprovedbyEngineeringServices
CommitteeAugust8,2011)
Background:Inthelastmonth,duetothetremendousdegreeof windstorms,
theEngineeringDepartment(AED)hashadtohireon an
emergencybasisHorizonConstructiontocutandrem ove
trees/debrisintheAugustaRichmondCountyarea.T hedown
treesinthearea(June2011)fromthevariouswind stormswere
safetyhazardsandcreatedimmediatepublicsafetyi ssues.The
situationswarrantedimmediateactionbutAEDdidn othave
sufficientin-houseresourcestohandlethesehazar dsinatimely
manner.Also,duetotimeconstrains,AEDcouldnot gothrough
thenormalprocesstobidthiscontract.
Analysis:Theworkwasdoneunderanemergencysituationthat warranted
immediateresponsebytheAEDtominimizepublicex posureto
fallentreeshazardandroadhazard,andalsominim izeAugusta-
RichmondCounty’sexposuretopotentialliability.Thecostto
covertheEmergencyTreesCutandRemovalis$28,94 4.20.
FinancialImpact:FundingisavailableintheSPLOSTPhaseIVConting ency
Account324-041110-6011110/201824021-6011110forth is
request.
Alternatives:1)ApprovetheEmergencyTreesCutandRemovalint heamount
of$28,944.20forHorizonConstruction;fundedfrom SPLOST
PhaseIVaccountnumber323-041110-201824021asrequestedby
AED.2)Donotapproveandidentifyalternativeway stomeetthis
financialobligation.
Recommendation:ApproveAlternativeNumberOne.
Cover Memo
Item # 23
FundsareAvailable
intheFollowing
Accounts:
324-041110-6011110/201824021-6011110
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 23
CommissionMeetingAgenda
8/16/20115:00PM
GeorgiaPowerleaseagreementforsitelightingat thenewRichmondCountySheriff'sOffice
AdiministrationFacility
Department:TomBeck,Director,Recreation,ParksandFacilitie s
Caption:Motionto approveandauthorizeexecutionofaleaseagreement
withGeorgiaPowertoprovide,installandmaintain theexterior
sitelightingfortheAugusta,GeorgiaNewSheriff’sOffice.The
upfrontcostwillbe$39,000.00whichincludestren ching,
undergroundconduit,wiring,installationofpoles andlightsfor
theAugusta,GeorgiaNewSheriff’sOfficeBuilding.(Approved
byEngineeringServicesCommitteeAugust8,2011)
Background:GeorgiaPoweristheonlyentitythatwillprovide,installand
maintaintheexteriorsitelights.HeeryInternatio nalheld
discussionswithGeorgiaPoweroverthepasttwomo nths
workingoutdetailsforsitelightinginstallation.
Analysis:HavingGeorgiaPowerprovide,installandmaintain thesite
lightingistheleastexpensiveturn-keyoperationforobtainingand
maintainingtheexteriorlightingfortheAugusta,GeorgiaNew
Sheriff’sOfficeBuilding.TheScopeofWorkfortheupfron tcosts
includestrenching,cable,conduit,directwire,po leandlight
installationandiswithinthebudgetedamountfor thisscopeof
work.
FinancialImpact:Theamountforupfrontcostsfortheexteriorsite lightingis
$39,000.00.TheGeorgiaPowerpackageincludesago vernment
monthlyratefeeforenergyandlifetimemaintenanc ewarrantyof
thetotalinstallationfor$328.00.
Alternatives:1.Approveandauthorizesitelightingleaseagreem entwith
GeorgiaPower.2.Denyapprovalandauthorizationo fthe
executionofaleaseagreementwithGeorgiaPowera ndseekan
alternateestimatefortheinstallationofthesite lights.Augusta,
Georgiawouldhavetoprovideforthemaintenancef orthese
lights.
Recommendation:Approveandauthorizetheexecutionofaleaseagre ementwithCover Memo
Item # 24
GeorgiaPowertoprovide,install,andmaintainthe exteriorsite
lightingfortheAugusta,GeorgiaNewSheriff’sOff iceBuilding.
FundsareAvailable
intheFollowing
Accounts:
GL–325-05-1120;JL-208251103GL-328-03-1130:J L-
210351003
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 24
Attachment number 1
Page 1 of 4
Item # 24
Attachment number 1
Page 2 of 4
Item # 24
Attachment number 1
Page 3 of 4
Item # 24
Attachment number 1
Page 4 of 4
Item # 24
CommissionMeetingAgenda
8/16/20115:00PM
MotionforAbandonmentofYoungStreet
Department:Law
Caption:Motionto determine thataportionofYoungStreet,asshownon
theattachedplatandconsistingofapproximately0 .483acre
(21,031.19squarefeet),hasceasedtobeusedbyt hepublictothe
extentthatnosubstantialpublicpurposeisserved byitorthatits
removalfromthecountyroadsystemisotherwisein thebest
publicinterest,pursuanttoO.C.G.A.§32-7-2,wit hthe
abandonedpropertytobequit-claimedtotheapprop riateparty
(ies).(ApprovedbyEngineeringServicesCommitteeAugust 8,
2011)
Background:TheHousingAuthorityoftheCityofAugustahasre questedthata
portionofYoungStreet(betweenOldBailieStreet andSt.
SebastianWay)beabandonedtoallowforsiteimpro vementsto
thePeabodyApartments.ThisportionofYoungStree tcanstillbe
utilizedforaturnaroundforfiretrucks,busesan dgarbagetrucks,
andalsowillprovideadditionalparkingasneeded.Thisproperty
doesnotserveanyparcelswithresidencesorstruc tures.The
abandonmentrequesthasbeenreviewedbyallessent ialcounty
departmentsandadministratorsandnoobjectionswe remadeto
thisabandonmentrequest,providedthatatwenty-fi ve(25)foot
easementberetainedfromthecanal’stoeofslope forutilitiesand
canalmaintenanceandthattherebenoimprovements withinthe
twenty-five(25)footareafromthecanalslopetoe exceptfor
landscaping.Thelegaldescriptionandplatofthe portionof
YoungStreettobeabandonedareattached.
Analysis:Inadditiontotheinformationprovidedintheabov eBackground
section,publicationnoticeswillbemadeforapub lichearingtobe
held,withresultstobepresentedtotheCommissio n.Noticetothe
propertyownerslocatedthereonwillbemade,pursu antto
O.C.G.A.§32-7-2(b)(1).
FinancialImpact:Costofpublicationandadvertisementofpublichea ring.
Alternatives:Approveordenyrequestfordeterminationofnosub stantialuse
regardingabandonmentofportionofYoungStreet.Cover Memo
Item # 25
Recommendation:Approvedeterminationofnosubstantialuseregardi ngrequestfor
abandonmentofsaidportionofYoungStreet,subjec ttothe
EngineeringDepartment’srequestforatwenty-five (25)foot
easementtoberetainedfromthecanal’stoeofslo peforutilities
andcanalmaintenanceandthattherebenoimprovem entswithin
thetwenty-five(25)footareafromthecanalslope toeexceptfor
landscaping.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 25
Legal Description
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN RICHMOND COUNTY (CITY OF AUGUSTA),
GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE RIGHT-OF-WAY MONUMENT FOUND AT THE INTERSECTION OF THE
NORTHERLY RIGHT-OF-WAY LINE OF WALTON WAY (RIGHT-OF-WAY VARIES) AND THE WESTERLY RIGHT-
OF-WAY LINE OF ST. SEBASTIAN WAY (RIGHT-OF-WAY VARIES), THENCE
ALONG THE RIGHT-OF-WAY LINE OF ST. SEBASTIAN WAY FOLLOWING AN ARC OF A CURVE TO THE LEFT
A DISTANCE OF 165.48 FEET, SAID CURVE HAVING A RADIUS OF 666.20 FEET AND A CHORD BEARING OF
NORTH 38 DEGREES 34 MINUTES 21 SECONDS EAST AND DISTANCE OF 165.05 FEET TO A CONCRETE
RIGHT-OF-WAY MONUMENT FOUND; THENCE
ALONG THE RIGHT-OF-WAY LINE OF ST. SEBASTIAN WAY NORTH 26 DEGREES 25 MINUTES 51 SECONDS
EAST, 95.55 FEET TO A ONE-HALF INCH REBAR PIN SET; THENCE
NORTH 04 DEGREES 40 MINUTES 35 SECONDS WEST, 66.21 FEET TO A ONE-HALF INCH REBAR PIN SET
ON THE SOUTHERLY RIGHT-OF-WAY LINE OF YOUNG STREET AND THE POINT OF BEGINNING; THENCE
NORTH 28 DEGREES 11 MINUTES 50 SECONDS WEST, 394.95 FEET ALONG THE RIGHT-OF-WAY LINE OF
YOUNG STREET TO A ONE-HALF INCH REBAR PIN SET; THENCE
NORTH 68 DEGREES 14 MINUTES 50 SECONDS WEST 29.12 FEET ALONG THE RIGHT-OF-WAY LINE OF
YOUNG STREET TO A ONE-HALF INCH REBAR PIN SET ON THE EASTERLY SIDE OF OLD BAILIE STREET;
THENCE
NORTH 61 DEGREES 48 MINUTES 10 SECONDS EAST, 68.74 FEET TO A ONE-HALF INCH REBAR PIN SET ON
THE NORTHERLY SIDE OF YOUNG STREET; THENCE
SOUTH 28 DEGREES 11 MINUTES 50 SECONDS EAST, 415.65 FEET ALONG THE RIGHT-OF-WAY LINE OF
YOUNG STREET TO A ONE-HALF INCH REBAR PIN SET; THENCE
SOUTH 59 DEGREES 58 MINUTES 39 SECONDS WEST, 50.02 FEET TO A ONE-HALF INCH REBAR PIN SET
ON THE SOUTHERLY RIGHT-OF-WAY LINE OF YOUNG STREET AND THE POINT OF BEGINNING.
SAID TRACT OR PARCEL OF LAND CONTAINING 0.483 ACRES (21,031.19 SQUARE FEET) OF LAND.
THIS INSTRUMENT IS INTENDED TO DESCRIBE ALL OF THE PARCEL OF LAND SHOWN ON A DRAWING
ENTITLED “PLAT FOR AUGUSTA-RICHMOND COUNTY COMMISSION” PREPARED BY AUGUSTA-
RICHMOND COUNTY ENGINEERING DEPARTMENT ON MARCH 14, 2011 AND SHOWN AS PROJECT NO.
11-0003.
Attachment number 1
Page 1 of 1
Item # 25
Attachment number 2
Page 1 of 1
Item # 25
CommissionMeetingAgenda
8/16/20115:00PM
MotionforAbandonmentofOakdaleRd
Department:Law
Caption:Motionto determine thataportionofOakdaleAvenue,asshown
ontheattachedplatandconsistingofapproximatel y0.22acre
(9,574.00squarefeet),hasceasedtobeusedbyth epublictothe
extentthatnosubstantialpublicpurposeisserved byitorthatits
removalfromthecountyroadsystemisotherwisein thebest
publicinterest,pursuanttoO.C.G.A.§32-7-2,with theabandoned
propertytobequit-claimedtotheappropriatepart y(ies),andan
easementtoberetainedovertheentireabandonedp ortionfor
existingorfutureutilities.(ApprovedbyEngineeringServices
CommitteeAugust8,2011)
Background:TheEngineeringDepartmenthasrequestedtoabandon aportion
ofOakdaleAvenue.ThisportionofOakdaleAvenue wasnever
developedorpavedanddead-endsintoPineviewDriv e.This
propertydoesnotserveanyparcelswithresidences orstructures.
Theabandonmentrequesthasbeenreviewedbyalles sential
countydepartmentsandadministratorsandnoobject ionswere
madetothisabandonmentrequest.TheEngineering Department
requeststhataneasementberetainedovertheenti reabandoned
portionforexistingorfutureutilities.Thelega ldescriptionand
platoftheportionofOakdaleAvenuetobeabandon edare
attached.
Analysis:Inadditiontotheinformationprovidedintheabov eBackground
section,publicationnoticeswillbemadeforapub lichearingtobe
held,withresultstobepresentedtotheCommissio n.Noticetothe
propertyownerslocatedthereonwillbemade,pursu antto
O.C.G.A.§32-7-2(b)(1).
FinancialImpact:Costofpublicationandadvertisementofpublichea ring.
Alternatives:Approveordenyrequesttodeterminethataportion ofOakdale
Avenuebeabandoned.
Recommendation:Approvedeterminationregardingrequestforabandon mentofsaidCover Memo
Item # 26
portionofOakdaleAvenue,withapublichearingto beheld
regardingtheissueofabandonmentpursuanttoO.C.G.A.§32-7-
2,withtheabandonedpropertytobequit-claimedt othe
appropriateparty(ies),andaneasementtoberetai nedoverthe
entireabandonedportionforexistingorfutureuti lities.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 26
Attachment number 1
Page 1 of 1
Item # 26
Item # 26
Item # 26
Item # 26
CommissionMeetingAgenda
8/16/20115:00PM
MotiontoAbandonKingstonStreet
Department:Law
Caption:Motionto determinethatKingstonStreet,asshownonthe
attachedplat(westofHolleyStreetandbeingnort hofandparallel
toBrownStreet),hasceasedtobeusedbythepubl ictotheextent
thatnosubstantialpublicpurposeisservedbyit orthatits
removalfromthecountyroadsystemisotherwisein thebest
publicinterest,pursuanttoO.C.G.A.§32-7-2,wit hthe
abandonedpropertytobequit-claimedtotheapprop riateparty
(ies).(ApprovedbyEngineeringServicesCommitteeAugust 8,
2011)
Background:TheAugustaHousingandCommunityDevelopmentDepar tment
hasrequestedthatKingstonStreet(westofHolley Streetand
beingnorthofandparalleltoBrownStreet)beaba ndonedto
allowforthedevelopmentoftheNewKingstonStree t
Subdivision.Theabandonmentrequesthasbeenrevie wedbyall
essentialcountydepartmentsandadministratorsand approvals
werereceivedtothisabandonmentrequest.Thele galdescription
andplatoftheportionofYoungStreettobeaband onedare
attached.
Analysis:Inadditiontotheinformationprovidedintheabov eBackground
section,publicationnoticeswillbemadeforapub lichearingtobe
held,withresultstobepresentedtotheCommissio n.Noticetothe
propertyownerslocatedthereonwillbemadeandth epublic
hearingwillbescheduleandconductedpursuantto O.C.G.A.§
32-7-2(b)(1).
FinancialImpact:Costofpublicationandadvertisementofpublichea ring.
Alternatives:Approveordenyrequestfordeterminationofnosub stantialuse
regardingabandonmentofKingstonStreet.
Recommendation:Approvedeterminationofnosubstantialuseorbest publicinterest
regardingrequestforabandonmentofsaidKingston Street,witha
publichearingtobeheldregardingtheissueofab andonmentCover Memo
Item # 27
pursuanttoO.C.G.A.§32-7-2,withtheabandonedp ropertytobe
quitclaimedtotheappropriateparty(ies),andall necessary
easementstoberetained,ifany,forexistingorf utureutilitiesas
determinedbytheAugustaUtilitiesDepartmentand Augusta
EngineeringDepartment.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 27
Attachment number 1Page 1 of 1
Item # 27
Attachment number 2
Page 1 of 1
Item # 27
CommissionMeetingAgenda
8/16/20115:00PM
ResolutionofadoptionofDraftHazardMitigationP lanUpdate
Department:PlanningCommission
Caption:Motionto approveResolutionofadoptionofDraftHazard
MitigationPlanUpdate.(ApprovedbyEngineeringServices
CommitteeAugust8,2011)
Background:TheCityofAugusta'soriginalHazardMitigationPl anidentified
mitigationactionsthat,overtime,wouldhelpmini mizeandreduce
safetythreats,reducethecostsofnaturalhazard events,andreduce
damagetoprivateandpublicpropertyisbeingupda ted.Asrequired
bytheRobertT.StaffordDisasterReliefandEmerg encyAssistance
ActasamendedbytheDisasterMitigationActof20 00,a5year
HazardMitigationPlanupdatewasrequiredtobepe rformedpriorto
theHazardMitigationPlanexpiryonAugust24,201 1.
Analysis:
FinancialImpact:fundingfortheupdateoftheoriginalHazardMitig ationPlanwas
securedthroughanHMGPgrantandaPlanningCommit tee/
StakeholdersCommitteewasformedtoupdatetheHaz ardMitigation
Plan.
Alternatives:Approvethedraftordeny
Recommendation:Approval
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
ClerkofCommission
Cover Memo
Item # 28
RESOLUTIO
WHEREAS the City of Augusta, Georgia, has experienced natural hazards such as drought /
extreme heat, earthquake, flooding, tornado / wind storm / hail / lightening, wildfire, and winter
storm or has the potential of experiencing such hazards;
WHEREAS the City of Augusta, Georgia, has experienced man-made hazards such as chemical
leak / chemical spill / chemical release, dam failure, nuclear plant incident, and terrorism or has
the potential of experiencing such hazards;
WHEREAS these hazards have resulted in public safety response, damage to private and public
property, and public and private expenditures for clean up and recovery, or have the potential for
causing public safety response, damage to private and public property, and public and private
expenditures for clean up and recovery;
WHEREAS, the cities of Blythe, and Hephzibah (within the jurisdictional boundaries of
Richmond County) have experienced the same or similar hazards and/or have the potential for
experiencing such hazards;
WHEREAS, the Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended
by the Disaster Mitigation Act of 2000 require local jurisdictions to adopt a mitigation plan in
order to be eligible for post-disaster and pre-disaster grants to implement certain mitigation
projects; and
WHEREAS the National Flood Insurance Reform Act of 1994 and the Flood Insurance Reform
Act of 2004 require local jurisdictions to adopt a mitigation plan in order to be eligible for grants
to implement certain flood mitigation projects; and
WHEREAS the planning process supported by the Georgia Emergency Management Agency
and required by the Federal Emergency Management Agency offers the opportunity to consider
natural hazards and risks, and to identify mitigation actions to reduce future impacts of such
hazards; and
WHEREAS the State of Georgia has provided federal mitigation funds to support the
development of a Hazard Mitigation Plan; and
WHEREAS the City of Augusta adopted a Flood Hazard Mitigation Plan on February 17, 2004;
and
WHEREAS the Hazard Mitigation Plan for Augusta, Blythe and Hephzibah has previously been
developed and adopted by each jurisdiction and approved by FEMA on August 24, 2006. This
Hazard Mitigation Plan for Augusta, Blythe and Hephzibah superseded the Flood Hazard
Mitigation previously adopted by the City of Augusta;
WHEREAS the original Hazard Mitigation Plan identified mitigation actions that, over time,
would help minimize and reduce safety threats, reduce the costs of natural hazard events, and
reduce damage to private and public property; and
Attachment number 1
Page 1 of 3
Item # 28
WHEREAS as required by the Robert T. Stafford Disaster Relief and Emergency Assistance Act
as amended by the Disaster Mitigation Act of 2000, a 5 year Hazard Mitigation Plan update was
required to be performed prior to the Hazard Mitigation Plan expiry on August 24, 2011.
WHEREAS, funding for the update of the original Hazard Mitigation Plan was secured through
an HMGP grant and a Planning Committee / Stakeholders Committee was formed to update the
Hazard Mitigation Plan.
WHEREAS, the Planning Committee / Stakeholders Committee met formally on June 14, 2011,
July 14, 2011, and July 25, 2011, to update the Hazard Mitigation Plan and less formally via
electronic reviews, updating and voting during the update process;
WHEREAS, public meetings were held on July 14, 2011 and July 25, 2011, to update the
Hazard Mitigation Plan;
WHEREAS, additional public meetings were held on June 22, 2011 with the ESF-11 Group and
on July 12, 2011 for the River Road Committee, to update the Hazard Mitigation Plan;
WHEREAS, a draft Hazard Mitigation Plan Update was developed by the consultant, PDM
Consulting, Inc., with extensive input from the Planning Committee / Stakeholders Committee, a
SubCommittee developed by the Planning Committee / Stakeholders Committee, and public
input.
WHEREAS, the draft Hazard Mitigation Plan Update has gone into a 30 day public review
period beginning July 25, 2011 and ending August 24, 2011.
WHEREAS, the draft Hazard Mitigation Plan Update has been submitted to the Georgia
Emergency Management Agency (GEMA) for initial review.
NOW, THEREFORE, BE IT RESOLVED by the Augusta Commission that:
1. The draft Hazard Mitigation Plan Update is hereby adopted as an official document
of the City of Augusta, Georgia.
2. The final version of the Hazard Mitigation Plan Update will be adopted at a later
date, once public review comments are received and the revised Hazard Mitigation
Plan Update is sent to the Georgia Emergency Management Agency (GEMA) and the
Federal Emergency Management Agency (FEMA) and final approval is received by
both agencies.
PASSED AND ADOPTED by the Commission of Augusta, Georgia, this _________ day of
______________, 2011.
_________________________________
Attachment number 1
Page 2 of 3
Item # 28
Deke Copenhaver, Mayor
_________________________________
Date
_________________________________
Lena Bonner, Clerk of Commission
_________________________________
Date
Attachment number 1
Page 3 of 3
Item # 28
CommissionMeetingAgenda
8/16/20115:00PM
RoadNameChange-McCainWaytoMcCannWay
Department:PlanningCommission
Caption:Motionto approveroadnamechangefromMcCainWayto
McCannWayasrequestedby90%oftheadjoiningpro perty
owners.(ApprovedbyEngineeringServicesCommittee
August8,2011)
Background:
Analysis:Theroadnamechangeisacceptabletotheminimumr equirement
of66%oftheadjoiningpropertyowners(90%havea pprovedthe
namechange)alongMcCainWay.
FinancialImpact:costoftrafficsigns
Alternatives:approveordeny
Recommendation:approve
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 29
RESOLUTIO
WHEREAS: Ms Monika Spearman initiated a request for a Road Name Change of
McCain Way to McCann Way;
WHEREAS: The existing road name of McCain Way appears to no significance in the
area.
WHEREAS: It is proposed that the entire portion of the McCain Way be renamed
McCann Way;
WHEREAS: The road name change is acceptable to the minimum requirement of 66%
of the adjoining property owners (90% have approved the name change) along McCain Way.
NOW THEREFORE, BE IT RESOLVED BY THE AUGUSTA COMMISSION:
THEREFORE: Let it be known that Augusta, Georgia does hereby adopt the road
name change of McCain Way to McCann Way. Traffic Engineering should be notified of the
road name change and road signs should be erected accordingly.
______________________________ ______________________________
Lena Bonner, Clerk of Commission Deke Copenhaver, Mayor
CERTIFICATE
The undersigned qualified and acting Clerk of the Augusta Commission certifies that the
foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the
Augusta Commission held on ________________________.
______________________________
Lena Bonner, Clerk of Commission
______________________________
Date
Attachment number 1
Page 1 of 1
Item # 29
CommissionMeetingAgenda
8/16/20115:00PM
SolidWasteCollectionAmendment
Department:Law
Caption:Motionto approveanaddendumtotheSolidWasteCollection
ContractNo.06-001.(ApprovedbyEngineeringServices
CommitteeAugust8,2011)
Background:Seeattachedrevision.
Analysis:None.
FinancialImpact:None.
Alternatives:Denymotion
Recommendation:Approvemotion
FundsareAvailable
intheFollowing
Accounts:
None.
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 30
Attachment number 1
Page 1 of 3
Item # 30
Attachment number 1
Page 2 of 3
Item # 30
Attachment number 1
Page 3 of 3
Item # 30
REVISED 2010 Solid Waste Collections Contract - Advanced
1
Contents
A. Overview Page #
Section 5: Purpose and Intent 4
Section 10: Negotiation Costs 4
Section 15: Contract Term 4
Section 20: Incorporation of Exhibits 5
Section 25: Contract Limitations 5
Section 30: Definitions 5
Section 35: County Responsibilities 7
Section 40: &RQWUDFWRU¶V5HVSRQVLELOLWLHV 8
Section 45: Contractor¶s Representations and Warranties 8
Section 50: County Representations and Warranties 9
Section 55: OSHA and Georgia Law Compliance 10
Section 60: Vehicles Used in Collection 11
Section 62: Spare Vehicles 12
Section 65: One Vehicle One Purpose 12
Section 70: Disposal/Vehicle Inspections and Permits 13
Section 75: Vehicle Specifications 13
Section 80: Ownership of Equipment 14
Section 85: Asset Maintenance and Inventory 14
Section 90: Traffic Laws, Noise Control 14
Section 95: Contractor¶s Office 15
B. Collection Services
Section 100: Collection Area 16
Section 102: Days of Collection 16
Section 104: Garbage Collection 16
Section 106: Yard Waste Collection 17
Section 108: Recycling Collection 18
Section 110: Bulky Waste collection 19
Section 112: Additional Carts 20
Section 114: Place of Collection 20
Section 116: Collection from Additional Locations 21
Section 120: Force Majeure Clean Up 21
Section 122: Eviction, Vacant Lot, Special Clean-up 22
Section 124: County Clean Up Events 23
Section 126: Time of Collection 24
Section 128: Scheduling of Collection 24
Section 130: Work on County Property 25
Section 132: Disposal and Recycling Locations 25
Section 134: Ownership of Materials Collected 26
Section 136: Scavenging 26
Attachment number 2
Page 1 of 77
Item # 30
REVISED 2010 Solid Waste Collections Contract - Advanced
2
Section 138: Holiday Schedule 27
Section 140: Service Disruptions Due to Weather 27
Section 142: Service Disruptions ± Non Weather 27
Section 144: Missed and Make-up Collections 28
Section 146: Contract Carts 30
Section 148: Supplying Garbage Carts 30
Section 150: Supplying Recycling Bins 31
Section 152: Cart/Bin Storage 32
Section 154: Minimum Cart/Bin Percentage 33
Section 156: Cart/Bin Replacement Cost 33
Section 158: Delinquent and Closed Accounts 33
Section 160: Meetings and Communication 33
Section 162: Program Information During Contract Start-Up 34
Section 164: Program Information 35
C. Manner of Collection
Section 200: Contractor¶s Responsibility 36
Section 210: Employee Conduct 36
Section 220: Employee Uniforms 37
Section 230: Spillage 37
Section 240: Damage Claims 38
Section 250: Customer Grievances 38
D. Reporting Requirements
Section 300: Report/Information Specifications 39
E. Compensation
Section 400: Payment for Collection Services 40
Section 410: Payment Procedure 40
Section 420: Contract Unit Price 41
Section 430: Adjustments 41
Section 440: Wage Increases for Employees 42
Section 450: Withholding and Payment of Tax Liens and Judgments 42
F. Security, Liability, Damages
Section 500: Payment Bond 43
Section 510: Performance Bond 43
Section 520: Default of Contractor 44
Section 530: Commitment of Equipment 46
Section 540: Insurance 47
Section 550: Indemnity 50
Section 560: Liquidated Damages 50
Attachment number 2
Page 2 of 77
Item # 30
REVISED 2010 Solid Waste Collections Contract - Advanced
3
G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Employment Opportunity 53
Section 610: Equal Employment Opportunity ± Implementation 53
Section 620: Drug-Free Workplace 54
H. Operations Plan, Emergency Plan
Section 700: Operations Plan 56
Section 710: Emergency Plan 57
I. Ancillary Provisions
Section 800: Assignment of Pledge on Monies by the Contractor 59
Section 805: Assignment, Subcontracting, Delegation of Duties 59
Section 810: Audit and Inspection 60
Section 815: Contractor Will Not Sell or Disclose Data 60
Section 820: No Publicity 60
Section 825: Contract Rights 60
Section 830: Open Records Act 61
Section 835: Interpretation 61
Section 840: Law; Venue 61
Section 845: Discretionary Waiver of Right to a Jury Trial 61
Section 850: Specific Performance and Injunctive Relief 61
Section 855: Notices 61
Section 860: Severability 62
Section 865: Interest of the Parties 62
Section 870: No Bribery 62
Section 875: Change in Control 62
Section 880: Force Majeure 63
Section 885: Dispute Resolution 64
Other Items
Signature page 65
Example from section 146 66
Exhibits 67
End of Contract 77
Attachment number 2
Page 3 of 77
Item # 30
REVISED 2010 Solid Waste Collections Contract - Advanced
4
SOLID WASTE COLLECTION CONTRACT
BETWEEN AUGUSTA, GEORGIA (AUGUSTA RICHMOND COUNTY)
AND ADVANCED DISPOSAL SERVICES AUGUSTA, LLC.
This solid waste collection Contract is entered into by and between, Augusta,
Georgia, a consolidated local government, which is both a municipal corporation
and a County, being a political subdivision of the State of Georgia, [by and through
Augusta Richmond County¶V Solid Waste Department] KHUHLQDIWHU ³&RXQW\´ RU
³Augusta´ and Advanced Disposal Services Augusta, LLC. of Augusta ³&RQWUDFWRU´ WR SURYLGH IRU *DUEDJH <DUG :DVWH 5HF\FOLQJ and Bulky Waste
collections from Units located within the Collection Area (as hereinafter defined).
The parties, in consideration of the promises, representations and warranties
contained herein, agree as follows:
A. Overview
Section 5. Purpose and Intent ± Legal Relationship of Parties
This Contract creates the legal relationship of independent Contractor by and between
Advanced Disposal Services Augusta, LLC. and the ³&RXQW\´
This Contract engages Advanced Disposal Services Augusta, LLC. of Augusta to collect
Garbage, Yard Waste, Recycling and Bulky Waste from Units within the Collection
Area.
Section 10. Negotiation Costs
The Contractor shall bear its own cost of negotiating this Contract and developing all
required materials. The County shall not be charged for any services or other work
performed prior to the Start Date.
Section 15. Contract Term
This Contract is entered into on this _____ day of ________________, 2005 ³(IIHFWLYH'DWH´ . The collection services will begin on January 1, 2006 (³Start Date´) and continue
for a term of five (5) years, ending at Midnight December 31, 2010. The County and
Contractor through mutual agreement may extend this Contract for two (2) successive
one (1) year periods. The County must provide Contractor a minimum of 90 days notice
of its intent to extend the Contract. If the County extends this Contract, the same terms,
conditions, and methods of payment shall apply during the extension period.
County¶VSD\PHQWREOLJDWLRQKHUHXQGHUIRUVXFFHHGLQJILVFDOSHULRGVVKDOOEHVXEMHFWWR
availability and appropriation of funds. In the event County does not appropriate funds,
at the beginning of a fiscal year for this Contract, said Contract shall terminate.
Attachment number 2
Page 4 of 77
Item # 30
REVISED 2010 Solid Waste Collections Contract - Advanced
5
Section 20: Incorporation of Exhibits
1. The Contractor and the County acknowledge and agree that each of the
following exhibits is attached to this Contract and is incorporated into and
made a part of this Contract by reference:
Exhibit A: Collection Area
Exhibit B: Rate Table
Exhibit C: Force Majeure Rate Table
Exhibit D: Eviction/Vacant Lot Rate Table
2. If there is a conflict between any exhibit and the Contract, the provisions of
the exhibit shall prevail.
Section 25: Contract Limitations
At the time of award, the Contractor shall not be awarded or have control of more than
50% of the total number of Units.
During the term of the agreement, no Contractor shall have control of more than fifty
percent (50%) of the total number of Units. An exception will be made for natural
population growth within a Collection Area.
Section 30. Definitions
In addition to Capitalized terms that are defined elsewhere, the following meanings
apply:
Bins: A water-tight plastic container that is provided by the County, that
shall not be less than 65 gallons in capacity, fitted with a sturdy
handle, roll able and a tight fitting lid, for the purpose of collecting
Recycling.
Bulky Waste: Refers to furniture, appliances, tires, and other items too large to be
reasonably placed into a Cart as defined herein with a size limit of,
not larger than five (5) feet in length, five (5) feet in height and ten
(10) feet in width. Construction debris shall be limited to an
amount that is equal to 25% of the allowable pile by volume.
C&D: Construction/Demolition waste means waste of building materials
and rubble resulting from construction, remodeling, repair and
demolition operations on pavements, houses and other structures.
Such wastes include but are not limited to wood, lumber, wall
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board, concrete, brick, metals, and other items attributed to
construction and demolition.
Cart: A water-tight plastic container that is provided by the Contractor,
that shall not be less than 95 gallons in capacity, fitted with a
sturdy handle, roll able and a tight fitting lid, for the purpose of
collecting Garbage.
County: Augusta, Georgia (Augusta-Richmond County, Georgia)
Collection Area: The physical area for which the Contractor has been contracted to
provide services to.
Contractor: Individual or firm contracted to provide services under this
Contract.
Contract: Document containing all provisions and specification that Augusta
and the Contractor must abide by and/or meet.
Garbage: All discarded waste, food, paper, glass, plastic, leather, textiles,
cans, and/or other materials normally associated with common
household waste.
Handicapped/
Special Needs: Individual(s) who can provide verifiable proof of a disability, a
limitation, or a special need which limits their ability to place
waste to the curb or right of way.
Hazardous Waste: Refers to Hazardous Waste, which is defined and published in the
Georgia Hazardous Waste Management Act (Official Code of
Georgia Annotated § 12-8-61, et. seq.) and incorporated herein by
reference. Hazardous Waste is potentially dangerous by-products
of our highly industrialized society, which cannot be handled,
treated, or disposed of without special precautions. Hazardous
Waste includes, but is not limited to, ignitable, corrosive, reactive,
and toxic wastes such as acetone, gasoline and industrial alcohols,
alkaline cleaners, acids, cyanide and chlorine, arsenic, pesticide
wastes, paint, caustics, infected materials, offal, fecal matter
(human and animal) and explosives. Hazardous Waste does not
include solid waste that is Household Waste, including household
waste that has been collected, transported, stored, treated,
disposed, recovered (e.g. refused-derived fuel) or reused, all as
defined by the Georgia Hazardous Waste Management Act.
Holiday Overloads: Extra waste generated in association with a Federal, State, or
Locally recognized holiday.
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Red Tag: A notification given to the customer for the purposes of
informing/educating with the intent of eliminating future issues
related to collections of Garbage, Recycling, Yard Waste, and
Bulky Waste.
Recycling: Refers to paper, cardboard, newspaper, plastic, aluminum, bi-
metal, steel, tin, and other items determined to be recyclable by the
County.
Section: A defined subset of customers within the Collection Area.
Tire: Any rubber cushioning from a wheel which will include
automobiles, trucks, bicycles, and other small vehicles, not to
exceed seventeen (17) inches.
Unit: A location approved to have the service(s) under this Contract.
Yard Waste: Plant material (leaves, grass clippings, branches, brush, flowers,
roots, wood waste, etc.); debris commonly thrown away in the
course of maintaining yards and gardens, including sod; and
biodegradable waste as approved by the County, but excludes
loose soil, Garbage, food waste, plastics, synthetic fibers, lumber,
human or animal excrement, or soil contaminated with hazardous
substances.
Section 35: County Responsibilities
The County shall be responsible for:
1. Making timely payments required by this Contract.
2. Inspecting Contractor performance, mediating and adjusting customer
grievances. The County may require special and other services as
contemplated in this Contract.
3. Specifying each FXVWRPHU¶V level and type of collection service.
4. Supply Carts and/or Bins as defined by this agreement.
5. Pay disposal costs as defined by this agreement.
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Section 40: Contractor¶s Responsibilities
The Contractor shall be responsible for:
1. Furnishing all skilled labor, equipment, materials, supplies and utility services
required for providing all services in accordance with this Contract unless
otherwise noted within the Contract.
2. All actions and activities of its subcontractors.
3. Supplying all records, reports, and information required by this Contract.
4. Securing at Contractor¶s expense, all governmental permits and licenses and
required regulatory approvals (including all required by County Ordinances).
5. Timely paying of all applicable taxes.
6. Complying with applicable laws and regulations.
7. Performing all work in a timely, professional manner.
8. All wage increases for Contractor¶s collectors or other employees, any
benefits or added costs resulting from changes in technology, laws,
regulations, labor, supplies, practices, availability of equipment, and other
business risks that may affect the performance of this Contract.
a. Should there be an extraordinary change in a law(s), rules, or regulations
related to fuel taxes, disposal fees, or the addition or imposition of solid
waste fees or taxes on services that impact the true cost of this contract,
the Contractor and/or the County shall have the right to petition for an
equitable adjustment.
Section 45: Contractors Representations and Warranties
1. Organization and Qualification. The Contractor is duly incorporated or
otherwise legally organized and, validly existing and in good standing under
the laws of the State of Georgia, and has all requisite power and authority to
enter into and perform its obligations under this Contract.
2. Authority.
a. The Contractor has the authority to execute this Contract, to make the
representations and warranties set forth in it and is appropriately skilled,
organized and financially able to perform the obligations of Contractor
under this Contract in accordance with its terms.
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b. This Contract has been validly executed by the authorized representatives
of the Contractor and constitutes a legally binding, enforceable obligation
of Contractor.
3. Government Authorizations and Consents. The Contractor has or will obtain
prior to the commencement date such licenses, permits, and other
authorizations from federal, state, and other governmental authorities, as are
necessary for the performance of its obligations under this Contract.
4. Compliance With Laws. The Contractor is not in violation of any applicable
law, ordinance or regulation, the consequence of which will or may materially
affect Contractor¶s ability to perform its obligations under this Contract. The
Contractor is not subject to any order or judgment of any court, tribunal, or
governmental agency which could materially and adversely affects its
operations or assets in the State of Georgia, or its ability to perform its
obligations under this Contract.
5. Accuracy of Information. None of the representations or warranties in this
Contract and none of the documents, statements, certificates or schedules
furnished or to be furnished by Contractor pursuant hereto or in connection
with the performance of the obligations contemplated under this Contract,
contains or will contain any untrue statement of a material fact or omits or will
omit to state a material fact necessary to make the statements of fact contained
therein not misleading.
6. Independent Examination. In accepting these responsibilities, the Contractor
represents and affirms that it has made its own examination of all conditions,
facilities, and properties affecting the performance of this Contract and of the
quantity and expense of labor, equipment, materials needed, and of applicable
taxes permits and laws. The Contractor affirms that within the Collection
Area/Section(s) it is aware of the present placement of collection Carts at the
curb, alley, or backyard locations, and the present location of
Handicapped/Special Needs customers. The Contractor represents and
warranties that it is capable of continuing to collect Carts from their present
locations.
Section 50: County Representations and Warranties
The County represents and warrants to the Contractor as follows:
1. Organization and Qualification. The County is a political subdivision of the
State of Georgia and has all requisite corporate power and authority to enter
into and perform its obligations under this Contract.
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2. Authority.
a. The County has the authority to execute this Contract, to make the
representations and warranties set forth in it and to perform the obligations
of the County under this Contract in accordance with its terms.
b. This Contract has been validly executed and constitutes a legally binding
and enforceable obligation of the County.
3. Government Authorizations and Consents. The County has such licenses,
permits and other authorizations, as are necessary for the performance of its
obligations under this Contract, and no consent, approval, or authorization of
or declaration, registration or filing with any governmental or regulatory body
is required to be obtained or made by the County as a prerequisite to its
execution of this Contract or its performance of its obligations contemplated
hereby.
4. Compliance With Laws. The County is not in violation of any applicable law,
ordinance or regulation, the consequence of which will or may materially
affect the CounW\¶VDELOLW\WRSHUIRUPLWVREOLJDWLRQVXQGHUWKLV&RQWUDFW7KH
County is not subject to any order or judgment of any court, tribunal, or
governmental agency which materially and adversely affects its operations or
its ability to perform its obligations under this Contract.
5. Accuracy of Information. None of the representations or warranties in this
Contract and none of the documents, statements, certificates or schedules
furnished or to be furnished by the County pursuant hereto or in connection
with the performance of the obligations contemplated under this Contract,
contains or will contain any untrue statement of a material fact or omits or will
omit to state a material fact necessary to make the statements of fact contained
therein not misleading.
Section 55: OSHA & Georgia Law Compliance ± Health & Environmental
1. The Contractor shall comply with the Federal Occupational Safety and Health
Act of 1970, as amended (OSHA) and the Official Code of Georgia and with
the standards and regulations issued to implement these statutes from time to
time.
2. The Contractor is also responsible for meeting all pertinent local, state and
federal health, safety and environmental laws, regulations, and standards
applying to collection of Garbage, Yard Waste, Recycling and Bulky Waste.
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Section 60: Vehicles Used in Collection
1. All vehicles used for collection shall be registered with the State of Georgia
Department of Motor Vehicles, and shall be kept in a clean and sanitary
condition and a state of good appearance and repair, and shall be painted in a
uniform manner.
2. All collection vehicles shall be painted by Contractor in Contractor¶s color(s).
Color(s) and color schemes are subject to approval by the County, in its
reasonable discretion. Vehicles shall be uniquely numbered. &RQWUDFWRU¶V
name and vehicle number shall be painted in a contrasting color, at least four
inches high on each side of the vehicle and on the rear of the vehicle. The
Contractor shall place a sign and/or text as determined by the County, which
may include a County customer service telephone number on all collection
vehicles on each side and the rear of the vehicle. All collection vehicles shall
be kept in a clean and sanitary condition.
3. All collection vehicles or personnel must be equipped with a communication
device (i.e. cell phone or radio) which allows for immediate communication
between the collection vehicle and a supervisor, and/or the &RQWUDFWRU¶V
office.
4. Collection vehicles shall be sufficient to service all participating Units for
which they are intended to service at the frequency of collection specified and
able to handle special requirements of the Contract including adverse weather
and holiday overloads.
5. All vehicles used by management personnel, including route supervisors,
operations manager, etc. shall be equipped with cell phones with voice mail so
that they can be contacted by the County.
6. All vehicles operated under the authority of this Contract shall be driven in
compliance with Uniform Rules of the Road and Georgia State traffic laws
and, where applicable, the County¶Vcodes, ordinances, and rules.
7. TKH &RQWUDFWRU¶V FROOHFWLRQ YHKLFOHV VKDOO EH XVHG RQO\ RQ WKLV &RQWUDFW,
unless advanced written approval is given by the County. The Contractor may
use collection vehicles from other sources or use Contract vehicles for other
operations only with the prior written approval of the County. Should the
County authorize either of the above mentioned approvals, at no time may
non-contract waste be included with Contract waste. This provision is subject
to Section 560.
8. The Contractor shall not park or store any collection vehicles on County
property. Should the County identify that a vehicle violates this provision; the
Contractor shall be notified by phone, fax, or e-mail. Should the vehicle not
be removed in a reasonable period, or should the vehicle become a nuisance, a
safety issue, or an operational issue, the vehicle will be towed out of the way
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or to the Contractors shop, at the Counties discretion, at the sole expense of
the Contractor. Said expense will be deducted from the amount owed to the
Contractor for the current month.
9. The Contractor shall make a reasonable effort to empty each collection
vehicle at the end of each day.
Section 62: Spare Vehicles
1. The Contractor shall have a minimum spare ratio sufficient to provide quality
service under this Contract. Spare vehicles shall be allowed to collect from
any route, collecting any material. Spare vehicles shall meet the appropriate
standards set forth herein for normal vehicles. Spare vehicles will be counted
toward the average age of the fleet.
2. The Contractor shall be responsible for ensuring that spare assets are available
for each subcontractor to meet the above stated standard.
3. When a spare vehicle is used, notification to the County must be received in
advance. The advanced notice shall include at a minimum, the date, truck
number, route it will be servicing, and commodity serviced. Other
information may be reasonably requested by the County. Advance notice type
shall be by fax or e-mail, or other reasonable communications as determined
by the County.
Section 65: One Vehicle One Purpose
Under this Contract, each collection vehicle shall be designated to collect one (1) type of
material such as Garbage, Yard Waste, Recycling, or Bulky Waste. The collection
vehicle may not be allowed to switch commodities collected without the prior written
approval of the County.
Consideration will be given to Contractors wishing to:
1. Utilize multi-collection type vehicles.
2. Technology and/or processing advances.
3. Bulky waste collections, as long as materials are acceptable at the appropriate
disposal site.
4. Improve utilization of assets.
5. Other considerations as may arise.
$Q\ FRQVLGHUDWLRQ UHTXHVW PXVW EH PDGH LQ ZULWLQJ 7KH &RXQW\¶V GHFLVLRQ WR WKH
consideration request shall be final and binding.
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Section 70: Disposal/Vehicle Inspections and Permits
1. The Contractor is responsible for any and all fees associated with disposal
permits, inspection fees, truck stickers, etc. These permits shall be timely
obtained and/or posted and/or may be required by a solid waste disposal site, a
licensing authority, a government, by truck, by commodity or some other
item or combination.
2. The County landfill will charge a one hundred dollar ($100) annual fee for
each disposal sticker required.
3. Prior to the Start Date, and annually thereafter, the County shall have the right
to inspect all vehicles used to perform the Contract. The vehicle shall, at a
minimum, meet the Federal Department of Transportation standards, as well
as requirements listed in this Contract. A fee or reimbursement may be
collected from the Contractor for each individual inspection in an amount not
to exceed one hundred and fifty dollars ($150) per inspection. Should a
vehicle not pass inspection, the Contractor shall remedy any inspection
deficiency identified and have the vehicle re-inspected. All expenses
associated with the repair and re-inspection shall be the sole responsibility of
the Contractor.
4. The County may do random spot inspections as it deems reasonably
necessary.
5. Should the vehicle not pass inspection, the vehicle shall not be used under this
Contract until the vehicle has been repaired and passes such re-inspection.
Section 75: Vehicle Specifications
1. On or before the Start Date of this Contract, all vehicles used in collections
shall be in good operating order. All collection equipment used under this
Contract shall meet all applicable state and federal safety standards.
2. At no time shall the average age of vehicles used in the collection Contract
exceed five (5) years in age for any Contractor, the subcontractors vehicles are
attributed to the Contractor's fleet.
3. Should a vehicle use a cart tipper/dumper, it shall be designed to empty carts
pursuant to ANSI Z245.60-1999 and ANSI Z245.30-1999. Cart
tippers/dumpers which do not meet this requirement shall not be used. If a
cart tipper/dumper is used that does not meet the above mentioned
specification, the Contractor shall be responsible for all damages to Carts to
include the cost of repair or replacement.
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4. All collections vehicles used to perform functions under this Contract shall be
equipped with the following in complete and sound working order:
a. Ambient noise back-up alarm.
b. Back-up camera with monitor visible from any driving position.
c. A 10 pound fire extinguisher.
d. A first aid kit.
e. Minimum of three safety marking devices (flares, or reflective triangles).
f. A rear-mounted strobe light activated while collecting materials.
g. Spill kit of a size to handle operational spills.
5. All supervisors vehicles used to perform functions under the Contract shall be
equipped with the following in complete and sound working order:
a. A 10 pound fire extinguisher.
b. A first aid kit.
c. Minimum of three safety marking devices (flares, or reflective triangles).
d. Spill kit of a size to handle operational spills.
Section 80: Ownership of Equipment
1. All vehicles, facilities, equipment, and property used in the performance of
this Contract shall be wholly owned by the Contractor, provided, that leases,
conditional sales contracts, mortgages, or other agreements for the use or
financing the purchase of vehicles, facilities, equipment, and property may be
allowed with the prior written approval of the County.
2. No further encumbrance shall be placed upon any such vehicles, facilities,
equipment, and property without the prior written approval of the County.
Section 85: Asset Maintenance and Inventory
The Contractor shall provide the County, prior to the Start Date, a complete inventory
showing property, buildings, key assets, and each vehicle (make, model, type, capacity,
age, commodity collected, truck number, and VIN) used for performing the Contract.
The Contractor may change equipment from time to time with the prior written approval
of the County, not to be unreasonably withheld. The Contractor shall maintain assets and
a vehicular fleet during the performance of the Contract at least equal substantially to that
described in the inventory.
Section 90: Traffic Laws, Noise Control
All vehicles must operate in conformity with all federal, state and local laws, rules, or
ordinances related to traffic and noise control.
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Section 95: Contractor¶s Office
The Contractor shall maintain within fifteen (15) miles of Augusta, Georgia (Augusta-
Richmond County) an office with local telephone service and such staff as needed to
receive and respond to complaints, requests for missed collections, and other
coordination with citizens and County staff. Phone service shall include phone lines and
voice mail adequate to handle the citizens¶ and the Count\¶V demand as reasonably
necessary, cable modem internet access or equivalent speed, as well as designated e-mail
account(s) to be used with this Contract. Any voice message or e-mail shall be responded
to/UHWXUQHGE\WKH&RQWUDFWRU¶VRIILFHVWDIIZLWKLQVL[W\ PLQXWHV2IILFHKRXUVVKDOO
be 8:00 a.m. to 5:00 p.m., Monday through Friday. The office shall be open 8:00 a.m. to
noon any Saturday after a holiday, or on any Saturday that a regularly scheduled route is
operated. The Contractor shall also provide a local telephone number where the
Contractor may be contacted at any time by the County.
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B. Collection Services
Section 100: Collection Area
The Contractor shall provide all collection services called for in this Contract within the
following area:
See Exhibit A for a general overview of the Collection Area(s), however;
The County will assign and the Contractor will retain their currently awarded/designated
Collection Areas. For Contractors utilizing subcontractors, the subcontractor(s)
Collection Areas/Sections may not be altered from their existing state without the prior
written approval of the County.
The County reserves the right to request and/or negotiate with the Contractors to
swap/exchange portions of Collection Areas throughout the life of this Contract.
Section 102: Days of Collection
The Contractor shall make all collections on the days of Monday through Friday, or as
otherwise required by County due to the nature of the services provided. Any deviations
to this shall have prior written approval from the County, and the County shall have the
final and sole decision.
Section 104: Garbage Collection
Garbage shall be collected twice weekly on a set schedule:
1. The Contractor shall collect the following materials as Garbage: All
discarded waste, food, paper, glass, plastic, leather, textiles, cans, and/or other
materials normally associated with household waste.
2. The Contractor shall collect Garbage from designated Units which have been
placed in the appropriate Cart for collection.
3. The Contractor and the County may by mutual agreement establish other
reasonable specifications regulating the size, quantity, configuration, and
placement of Garbage eligible for collection.
4. The Contractor shall exercise good faith to ensure that Yard Waste and/or
Recycling materials which a customer has properly segregated are not placed
in the collection vehicle that collects Garbage. Intentional disposal of Yard
Waste and/or Recycling with Garbage shall be subject to Section 560 of this
Contract.
5. The Contractor shall collect Garbage which is placed for collections that are in
DFFRUGDQFHZLWKWKLV&RQWUDFW,WVKDOOEHWKH&RQWUDFWRU¶Vresponsibility to
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give notice to the County staff if it believes Garbage is not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
the County about a specific Unit(s) that it believes does not meet the
conditions of the first sentence of this paragraph than it shall be the
Contractors responsibility to collect all such Garbage from such Units(s) as if
it was disposed of properly pursuant to the terms of this Contract.
6. If Garbage is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 106: Yard Waste Collection
1. Yard Waste shall be collected once every week with the first Garbage
collection of the week for the same Units.
2. The Contractor shall collect the following materials as Yard Waste: plant
material (leaves, grass clippings, branches, brush, flowers, roots, wood waste,
etc.); debris commonly thrown away in the course of maintaining yards and
gardens, including sod; and biodegradable waste as approved by the County.
The Contractor shall not collect as Yard Waste loose soil, Garbage, food
waste, plastics, synthetic fibers, lumber, human or animal excrement, or soil
contaminated with hazardous substances.
3. The Contractor shall collect Yard Waste from designated Units which have
been placed in piles, bundles, marked, identified, or open top cans or in a kraft
paper bag not to exceed 32 gallons in capacity. The Contractor shall not
collect Yard Waste cans, kraft bags or bundles that are in excess of fifty (50)
pounds each. The Contractor shall not collect Yard Waste that has been
placed in plastic bags. Christmas trees will be eligible for collection as Yard
Waste, and are not required to meet the above stated standards so long as
lights and decorations have been removed.
4. The Contractor shall collect all Yard Waste with size limits of, not larger than
five (5) inches in diameter nor longer than five (5) feet, and stacked in piles
not to exceed five (5) feet in height, five (5) feet in width and 10 feet in depth.
5. The Contractor and the County may by mutual agreement establish other
reasonable specifications regulating the size, quantity, configuration, and
placement of Yard Waste eligible for collection.
6. The Contractor shall exercise good faith to ensure that non Yard Waste
materials are not placed in the collection vehicle. The Contractor shall not
knowingly collect Yard Waste contaminated by fecal matter, unsegregated
Garbage, hazardous substances or other ineligible material.
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7. The Contractor shall collect Yard Waste which is placed for collections that
DUH LQ DFFRUGDQFH ZLWK WKLV &RQWUDFW ,W VKDOO EH WKH &RQWUDFWRU¶V
responsibility to give notice to the County staff if it believes Yard Waste is not
prepared and/or located per the Contract specifications. Should the Contractor
fail to notify the County about a specific Unit(s) that it believes does not meet
the conditions of the first sentence of this paragraph than it shall be the
Contractors responsibility to collect all such Yard Waste from such Units(s) as
if it was disposed of properly pursuant to the terms of this Contract.
8. If Yard Waste is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 108: Recycling Collection
1. Recyclables shall be collected once every week with the second Garbage
collection of the week for the same Units on a set schedule.
2. The Contractor shall collect the following materials as Recycling: paper,
cardboard, newspaper, plastic, aluminum, bi-metal, steel, tin, and other items
determined to be recyclable by the County.
3. The Contractor shall collect Recycling from designated Units which has been
placed in the appropriate Bin for collection.
4. The Contractor and the County may by mutual agreement establish reasonable
specifications regulating the size, quantity, configuration, and placement of
Recycling eligible for collection.
5. The Contractor shall use reasonable efforts to ensure that non-recyclable
materials are not placed in the collection vehicle. The Contractor shall not
knowingly collect Recycling containing unsegregated Garbage, Yard Waste,
hazardous substances or other ineligible material.
6. The Contractor shall collect Recycling which is placed for collections in
DFFRUGDQFHZLWKWKLV&RQWUDFW,WVKDOOEHWKH&RQWUDFWRU¶VUHVSRQVLELOLW\WR
give notice to the County staff if it believes Recycling is not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
the County about a specific Unit(s) that it believes does not meet the
conditions of the first sentence of this paragraph than it shall be the
Contractors responsibility to collect all such Recycling from such Units(s) as
if it was disposed of properly pursuant to the terms of this Contract.
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7. If Recycling is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 110: Bulky Waste Collection
1. Bulky Waste shall be collected once every week with the second Garbage
collection of the week for the same Units on a set schedule.
2. Bulky Waste refers to furniture, appliances, tires, and other items too large to
be reasonably placed into a Cart as defined herein with a size limit of, not
longer than five (5) feet, and stacked in piles not to exceed five (5) feet in
height, five (5) feet in width and 10 feet in depth, or equivalent volume.
Construction debris shall be limited to an amount that is equal to 25% of the
allowable pile by volume.
3. The Contractor shall collect Bulky Waste from designated Units which have
been placed to the curb for collection.
4. The Contractor and the County may by mutual agreement establish reasonable
specifications regulating the size, quantity , configuration, and placement of
Bulky Waste eligible for collection.
5. The Contractor shall use reasonable efforts to ensure that non Bulky Waste
materials are not placed in the collection vehicle. The Contractor shall not
collect Bulky Waste containing unsegregated Garbage, Yard Waste,
hazardous substances or other ineligible material.
6. No more than two (2) tires shall be collected from any single Unit per
collection.
7. Prior to disposal of any item containing refrigerant, the Contractor shall have
had the refrigerant removed/properly recycled by a licensed company in
business to do such work. Such proof may be required by a disposal facility,
or the County.
The removal/properly recycling of refrigerant shall be at the sole cost of the
Contractor.
8. The Contractor shall collect Bulky Waste which is placed for collections that
DUH LQ DFFRUGDQFH ZLWK WKLV &RQWUDFW ,W VKDOO EH WKH &RQWUDFWRU¶V
responsibility to give notice to the County staff if it believes Bulky Waste is
not prepared and/or located per the Contract specifications. Should the
Contractor fail to notify the County about a specific Unit(s) that it believes
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does not meet the conditions of the first sentence of this paragraph than it shall
be the Contractors responsibility to collect all such Bulky Waste from such
Units(s) as if it was disposed of properly pursuant to the terms of this
Contract.
9. If Bulky Waste is left uncollected, the Contractor will leave an explanation
(red tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 112: Additional Carts
1. The residents of the Contract Area may request one or more additional Carts
and/or Bins from the Contractor for an additional volume of collection.
2. The Contractor will be paid for extra Carts at the rate specified in Exhibit B.
3. All additional Carts and/or Bins must be approved by the County prior to
being delivered.
Section 114: Place of Collection
1. The normal collection point for Garbage, Yard Waste, Recycling and Bulky
Waste shall be at curbside or at the right of way. Special arrangements may
be made by both the County and the Contractor on a case-by-case basis to
accommodate extraordinary situations.
2. The County on a case-by-case basis may require alley collection. If alley
collection is required, the County will work reasonably with the Contractor
and the affected customer(s) to get all services to the alley to prevent
collection from both the alley and the street.
3. The County shall monitor any collection routes or a portion of a route on a
regular basis to determine if the Contractor is placing Carts/Bins back in their
original locations in a neat and orderly manner after collection. Carts/Bins
shall be carefully handled by the Contractor and shall be thoroughly emptied
and left substantially near to the location where it was found and standing
upright This work shall be done in a sanitary manner and the Collector shall
immediately pick up any waste spilled by the Contractor.
4. The Contractor shall provide special service(s) for those individuals who are
unable to place their Carts/Bins out for collection in the usual manner due to
being Handicapped/Special Needs at a place mutually agreeable between the
County and the Contractor. Any dispute over the correct placement for
individuals Handicapped/Special Needs will be finally determined by the
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County. In the event that the Contractor is to provide back door service, the
property owner must sign a waiver of liability and return it to the Contractor
and the County.
5. If it would appear to a reasonable person that the Contractor is not placing
Carts/Bins back substantially near their original locations in a neat and orderly
manner, the Carts/Bins upright, and thoroughly emptied then the Contractor
could face damages as stated in Section 560 Liquidated Damages.
Section 116: Collection from Additional Locations
The County may add additional collection points within the Collection Area at its sole
option. This could include items such as County Cans, Bus Stops, Businesses, County
Buildings, or any other locations as directed by the County.
Areas of the County that were not included in WKHDZDUGHG&ROOHFWLRQ$UHD¶VPD\EH
added to an awarded Collection Area at a later date.
Should services be required that are not called for in this Contract, the Contractor and the
County may negotiate to provide said services at a negotiated service level and cost.
Section 120: Force Majeure Clean Up
1. The trigger event for this section shall be when the following items are all
met:
a. The County enacts the Emergency Management Center and;
b. The Contractor is asked to provide services above and beyond the services
normally provided for by this Contract.
2. In the event of a Force Majeure that requires clean up, the County must make
all requests in writing. The Contractor shall have twenty-four (24) hours after
receipt of written notice to start the clean-up project unless Contractor can
demonstrate the timeline is unreasonable and shall finish such project within a
reasonable time.
3. The Contractor will be paid at the rate(s) specified in Exhibit C of this
Contract.
4. Under this provision, the County may alter the specifications of the Garbage,
Recycling, Yard Waste, and Bulky Waste to fit the needs of the situation.
5. The County at its sole option may authorize the Contractor to temporarily
discontinue one type of service to provide additional resources to other service
types.
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6. The Contractor shall document the resources used, time to collect, volume
and/or weight, or other statistical data as requested for each assigned project
as requested by the County.
7. 7RHVWDEOLVK³QRUPDOYROXPHV´, the County will average the previous three (3)
months tonnages hauled for the specific commodities prior to the event. Then
subtract that from the total Force Majeure Clean Up volumes for each month
of the clean up. This will determine the additional volumes collected, and the
monthly event tonnage that will be paid for the monthly amounts above the
three prior PRQWK¶V average.
8. Should the County decide to discontinue one type of service and replace it
with another; the discontinued services average volumes for the previous three
(3) months will be deducted from the Force Majeure volumes to accurately
reflect the increased volumes due to the event.
Section 122: Eviction, Vacant Lot, Special Clean-up
1. The County may require the Contractor to collect from an eviction. If the
materials are not in compliance with other provisions of this Contract the
Contractor will be paid at the rate specified in Appendix D of this Contract.
2. The County may require the Contractor to collect from a vacant lot. If the
Contractor collects waste from a vacant lot, the Contractor will be paid at the
rate specified in Appendix D of this Contract.
3. The County may require the Contractor to collect waste from a property as a
special clean-up. If the Contractor collects waste under this provision, the
Contractor will be paid at the rate specified in Appendix D of this Contract.
4. All materials under this section will be placed to the curb for collection.
5. The County shall make all requests in writing under this section. The
Contractor shall have twenty-four (24) hours from receiving the request to
collect said materials.
6. The Contractor shall document the resources used, time to collect, volume
and/or weight, or other statistical data as requested for each assigned project
as requested by the County.
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Section 124: County Clean-up Events
During the term hereof, Contractor shall provide the following Clean-up events at no
additional charges:
1. Summer Neighborhood ± In the Month of June, the Contractor shall provide
unlimited collection of Garbage, Yard Waste, Recycling and Bulky Waste so
long as the following is met:
a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
b. Contractor shall collect Yard Waste which has been placed in piles,
bundles, marked, identified, or open top cans or in a kraft paper bag not to
exceed 32 gallons in capacity. The Contractor shall not collect Yard
Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds
each.
The Contractor shall not collect Yard Waste that has been placed in plastic
bags, exceeds a maximum length of (5) feet and/or has a diameter greater
than 5 inches.
2. Winter Neighborhood ± In the Month of January, excluding the first year of
the Contract, the Contractor shall provide unlimited collection of Garbage,
Yard Waste, Recycling and Bulky Waste so long as the following is met:
a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
b. Contractor shall collect Yard Waste which has been placed in piles,
bundles, marked, identified, or open top cans or in a kraft paper bag not to
exceed 32 gallons in capacity. The Contractor shall not collect Yard
Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds
each.
The Contractor shall not collect Yard Waste that has been placed in plastic
bags, exceeds a maximum length of (5) feet and/or has a diameter greater
than 5 inches.
3. Masters Event ± In the full week preceding, during and after the Masters Golf
Tournament, an unlimited amount of Garbage shall be collected so long as the
following is met:
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a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
Section 126: Time of Collection
The Contractor shall make collections between 6:00 a.m. and 6:00 p.m. Monday through
Friday, and 6:00 a.m. to 12:00 p.m. on Saturday if a route is run on that day unless the
County authorizes an extension of hours. Such authorizations must be in writing and be
prior to any extended hours of operation.
An additional extension of hours will be granted on the Saturday following a holiday that
is acknowledged in the Contract (Section 138). Those collection hours shall be 6:00 am
to 6:00 p.m.
Section 128: Scheduling of Collection
1. For collection of Garbage, the Contractor shall divide the Collection Area into
two reasonably equal collection sectors, with one sector to be collected each
Monday and Thursday, and the other sector collected each Tuesday and
Friday.
2. The two collection sectors shall be bounded by natural boundaries, such as
bodies of water, major highways or arterials when at all possible. Any
boundaries that are on secondary or residential roads shall be divided on the
back of property lines to ensure both sides of the street are collected on the
same day and route. Collections shall be made from Units on a regular
schedule on the same day at approximately the same time.
3. Not less than thirty (30) days prior to the start date of this Contract, the
Contractor shall supply the County with a map of the Collection Area showing
the day(s) of the week for which Garbage, Yard Waste, Recycling and Bulky
Waste shall be collected from each sector. Each sector shall be labeled with
the day of collection. A second map shall be created for each sector that shall
include route boundaries, route numbers, and the truck numbers that will
normally collect the route for each commodity/service. Maps must be
generated in a format acceptable to the County. Maps must be defined well
enough, with enough detail, that County staff may electronically recreate said
maps.
4. At least thirty (30) days prior to the start date, the Contractor will notify all
Units by direct mail or door hanger, to the service address, of the collection
day(s) services will be performed. Notifications shall be in a pre-approved
format.
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5. Should the Contractor wish to alter routes or days of collection, the Contractor
shall provide the County at least twenty one (21) days¶ notice. Any customers
affected by a day change must be notified at least seven (7) days prior to the
change via direct mail or door hanger to the service address, and all changes
will be made in the first full week of a month. The Contractor shall provide
the County an electronic listing of the changes at least seven (7) days prior to
the date of the change. The form of notice to the customer shall be subject to
the approval of the County
6. The County shall have the opportunity to review and approve any and all
routes, day of collection changes or any other changes effecting service and
schedules. All requests to alter the current service or schedule shall be made
in writing. After approval and before implementation, the County shall
receive updated maps of the Collection Area indicating the changes in service
and/or schedule at a level equal to those listed above.
Section 130: Work on County Property
The Contractor will ensure that its employees shall, whenever on the CounW\¶VSURSHUW\
obey all instructions and directions issued by the County to include posted signs. The
Contractor agrees that its personnel and the personnel of its subcontractors will comply
with all rules, regulations and security procedures of the County when on County
property.
Section 132: Disposal and Recycling Locations
1. The Contractor shall deliver all Garbage collected under this Contract to the
CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
or such other locations as the County may designate, and shall deposit the
material collected in the manner directed.
2. The Contractor shall deliver all Yard Waste collected under this Contract to
the CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
30805, or such other locations as the County may designate, and shall deposit
the material collected in the manner directed.
3. The Contractor shall deliver all Recycling collected under this Contract to the
&RXQW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
or such other locations as the County may designate, and shall deposit the
material collected in the manner directed.
4. The Contractor shall deliver all Bulky Waste collected under this Contract to
the CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
30805, or such other locations as the County may designate, and shall deposit
the material collected in the manner directed.
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5. All items collected and required to go to the CounW\¶V /DQGILOO VKDOO EH
delivered Monday through Friday by 5:00 p.m. and Saturday by 12:00 p.m.
6. No disposal fees shall be charged for disposal of Garbage, Yard Waste,
Recycling or Bulky Waste. The County shall bear all cost(s) associated with
disposal.
7. The County has the right from time to time to change the hours of operation at
the CounW\¶V/DQGILOO
8. The County has the right from time to time to change the disposal facility for
any given commodity which may have different hours of operation than the
current disposal facility.
9. Should the County elect to change the disposal facility/location, which causes
a significant cost increase to the Contractor, the Contractor may petition the
County for an equitable adjustment. If the change in the disposal
facility/location causes a significant cost decrease to the Contractor, the
County may petition the Contractor for an equitable adjustment.
10. The Contractor shall require that all personnel who exit any vehicle at the
Landfill or other GLVSRVDOIDFLOLW\PXVWZHDUD³KDUGKDW´DWDOOWLPHV and high
visibility clothing as set fourth in Section: 220.
11. Any time that materials are not disposed of at the Landfill located at 4330
Deans Bridge Road, Blythe, Georgia 30805, documentation of disposal will
be required. Documentation needs will be set by the County but could include
items such as yardage, tonnage, date, time, ticket number, copies of tickets,
etc.
Section 134: Ownership of Materials Collected
Collected Garbage, Yard Waste, Recycling, and Bulky Waste shall be the property of the
Contractor until the collected Garbage, Yard Waste, Recycling, and Bulky Waste is
disposed of at the assigned disposal facility. Once materials are disposed of at the
assigned disposal facility, the materials collected shall be the property of the County or
owner of said disposal facility, subject to the right of a customer to claim lost property of
value.
Section 136: Scavenging
No ³VFDYHQJLQJ´by the Contractor, Subcontractor(s) or any of their employees shall be
allowed. Scavenging means sorting through Garbage, Yard Waste, Recycling, or Bulky
Waste while collecting, looking for items of possible value or picking out individual
pieces for reuse while loading or unloading. Scavenging excludes searches by the
original owners for valuables accidentally misplaced or that may be lost.
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Section 138: Holiday Schedule
The Contractor shall provide collection services on all legal holidays except New Years
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. Material
regularly scheduled to be collected Thanksgiving Day shall be collected on Friday, the
GD\DIWHU7KDQNVJLYLQJ)ULGD\¶VPDterial shall be collected on Saturday. If Christmas,
New Years Day, Memorial Day, Fourth of July, or Labor Day falls on a regularly
VFKHGXOHGZRUNGD\FROOHFWLRQVZLOOEHGHOD\HGRQHGD\DQG)ULGD\¶VPDWHULDOVVKDOOEH
collected on Saturday. Should a holiday fall on a Saturday or Sunday, no adjustments
will be made. Waste will be collected on the regular schedule on the following week.
The Holiday Schedule may be amended from time to time, to meet the needs or wishes of
the County.
Section 140: Service Disruptions Due to Weather
Service disruptions due to weather shall occur when one (1) or more of the following
events have occurred.
1. The County closes for a weather related issue.
2. The County notifies the Contractor of the Count\¶V wish to have the
Contractor suspend services for weather related issues.
3. The Contractor notifies the County of the Contractors wishes to suspend
services for weather related issues. The County shall reasonably evaluate the
situation, and make a determination of such conditions.
When snow or ice or other weather conditions prevent collection on the scheduled day,
the Contractor shall make collection on the next weekday. If such conditions continue
for a second consecutive day or more, the Contractor shall, on the first day that regular
service to a customer resumes, collect all the materials that the customer is authorized to
have, i.e. if one collection day is missed and the customer is on 95 gallon service, the
Contractor shall collect 190 gallons of material. On the day that collections resume, the
Contractor shall take bags, boxes, and other secure wrappers, and shall empty temporary
receptacles that customers have used when the collection Carts/Bins have been filled.
Section 142: Service Disruptions ± Non Weather
A number of collection impediments may require special efforts to accomplish collection
under this Contract.
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1. On-Street Parking
Certain nHLJKERUKRRG VWUHHWV DOORZ ³RQ-VWUHHW SDUNLQJ´ ZKLFK PD\ SUHVHQW
impediments to curbside collection services. The Contractor shall perform
collection services even if the curb is blocked.
2. Blocked Streets/Renovations/Construction
When closure of roadways providing access, blocked streets or other
disruption beyond the Contractor¶s control prevents timely collection on the
scheduled day, the Contractor shall attempt collection later on that collection
day. If collection is still not possible, the Contractor must notify the County
prior to 4:30 p.m. on the day of service. The Contractor must provide to the
County the reason collection was unachievable and the Unit(s) block range,
street name, as well as the times that collections were attempted. If collection
was not possible, the Contractor shall provide service on the next business
day.
Section 144: Missed and Make-up Collections
1. Should the Contractor fail to make a collection on a scheduled day for causes
within the Contractor¶s control, the Contractor shall make a special make-up
collection by the end of the same business day, if notification of the missed
collection is received by noon that business day, if notification is received
after noon, a make-up collection shall be scheduled for the following business
day with collection of the miss to be completed by noon. For the purpose of
Section 144WKH³EXVLQHVVGD\´LQFOXGHV6DWXUGD\
2. Notwithstanding the foregoing, the County may require the Contractor to do
the following:
a. Authorize the Contractor to defer the collection and authorize the
customer to place a proportionally larger amount of waste on such
customers next scheduled collection day, and to accommodate such
disposal, the Contractor shall take bags, boxes, and other secure wrappers,
and shall empty temporary receptacles that customers have used when the
collection Carts and/or Bins have been filled.
3. It shall be a defense to a missed collection that the customer had not made
timely placement of his or her waste out for collection; that placement did not
comply with provisions of this Contract, or that materials collected did not
comply with provisions within this Contract, provided that the Contractor
shall have left an approved printed tag (red tag) on all material left because it
was not properly prepared, it was overweight, or for other reasons. If
Garbage, Yard Waste, Recycling or Bulky Waste is left uncollected, the
Contractor will leave an explanation (red tag) to help the customer correct the
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problem and avoid it in the future. Should the Contractor fail to leave a red
tag for the customer, it shall be the Contractors responsibility to collect all
such wastes left behind as if it was disposed of properly pursuant to the terms
of this Contract.
4. Should the customer have failed as outlined above, the County may require
the Contractor to do the following, provided that the customer has resolved
said issue:
a. Authorize the Contractor to collect and authorize the customer to place a
proportionally larger amount of waste on such customers next scheduled
collection day, and to accommodate such disposal, the Contractor shall
take bags, boxes, and other secure wrappers, and shall empty temporary
receptacles that customers have used when the collection Carts and/or
Bins have been filled. This provision shall exclude Yard Waste and Bulky
Waste.
5. The Contractor, no later than 10:00 a.m. the next business day, must notify the
County of any collections the Contractor has refused or been unable to make
the previous day. It shall include the address, time of attempted collection,
and reason for non-collection. This list shall be referred to as the Exception
LisW³(/´
6. If the County transmits a ³miss´ complaint to the Contractor which is on the
EL, and it is a miss which the Contractor should not collect due to the fact that
the material is overweight or contains material that should not be collected
and a red tag was properly left, the Contractor shall note on the miss that the
address is on the EL and note the reason that is was not collected and return
the miss complaint to the County within two (2) business hours of its receipt,
and the miss shall not be collected.
7. All miss complaints transmitted to the Contractor on Friday must be collected
by noon on Saturday. If it appears to the County that the Contractor is not
collecting these misses by noon Saturday, the County has the option of
contracting with another collection firm to collect these misses. The cost of
this option will be deducted from the Contractor¶s payment.
8. This section applies to omitted collections of a single Unit, a row of Units
and/or an entire route.
9. Failure to comply with the above stated provisions shall have Liquidated
Damages as stipulated in Section 560.
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Section 146: Contract Carts
1. The Contractor shall provide all Garbage carts for this Contract. A specific
rental rate will be charged for each Cart used under this Contract for the
current month. The cart rental rate will be the monthly rate as specified in
Exhibit B of this Contract
2. At the end the initial Contract period, the Contractors Carts shall become the
property of the County free and clear, with no further encumbrance due.
3. Should the County elect to replace the Contractors Carts with Carts provided
by the County, at any point in the Contract, the Contractor shall promptly
remove their Carts and replace them with the Carts provided by the County.
Once Carts are received by the Contractor, no further rental rates may be
charged for the Contractors Carts as defined above.
4. Should the County elect to replace the Contractors Carts, the Contractor will
be paid a proration for the month in which the (County owned) Carts were
received by the Contractor. The proration amount for each Cart received by
the Contractor shall be calculated by taking the monthly Cart rental rate in
Exhibit B and dividing it by thirty one (31) days, then multiplying that number
by the number of days from the first of the month until the date the County
Carts were received by the Contractor multiplied by the number of Carts
received. Prorations and implementation amounts will be paid as follows:
a. 0-100 Cart(s) received, the Contractor shall be paid the proration amount.
b. 101-200 Carts received, the Contractor shall be paid the proration plus
seven (7) days from the date of receipt.
c. 201-300 Carts received, the Contractor shall be paid the proration plus
fourteen (14) days from the date of receipt.
d. 301-400 Carts received, the Contractor shall be paid the proration plus
twenty one (21) days from the date of receipt.
e. In excess of 400 Carts received, the Contractor shall be paid the proration
plus thirty (30) days from the date of receipt.
Example: See Attached Example Below
Section 148: Supplying Garbage Carts
1. The Contractor will supply the Customers with Carts for distribution to the
Customer. Carts will be a water-tight plastic container that is provided by the
Contractor, that shall not be less than 95 gallons in capacity, fitted with a
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sturdy handle, roll able and a tight fitting lid, for the purpose of collecting
Garbage.
2. Carts for new customers shall be delivered within two (2) days of notification
from either the customer or the County. Carts will be delivered in a clean,
sanitary, working condition.
3. The Carts shall be provided with instructions of proper use, including any
customer actions that would void PDQXIDFWXUHU¶V warranties, such as
placement of hot ashes in the Cart causing the Cart to melt, and procedures to
follow to minimize potential fire problems. A pamphlet explaining the dos
DQGGRQ¶WV program requirements, directions for placement of the Cart, and
notification of the day of the week when the customer will receive collection
will be provided with each Cart.
4. The pamphlet containing the dos DQGGRQ¶WV program information and the
directions for placement shall be supplied by the County.
5. No other cans or Carts may be placed into service unless approved by the
County or as otherwise noted in the Contract.
6. Should a customer require a replacement Cart due to loss, stolen or damage,
the Contractor has two (2) days to replace the Cart with a Cart in clean,
sanitary, working condition. A list of lost or damaged Carts will be provided
to the County with the Monthly Report, to include address so the County may
bill the appropriate party. The Contractor is responsible for all repairs to
Carts. Only factory or approved parts may be used to repair said Carts. Any
damaged Carts, which are owned by the County, that can not be repaired by
the Contractor shall be returned to the County so they may follow the
warranty process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Cart.
8. All Carts physically returned to the County shall be clean, sanitary, and in
working condition, unless being returned for damages beyond repair, then the
Cart must be returned clean and sanitary.
Section 150: Supplying Recycling Bins
1. The County will supply the Contractor with Bins for distribution to the
Customer. A bin is a water-tight plastic container that is provided by the
County, that shall not be less than 65 gallons in capacity, fitted with a sturdy
handle, roll able and a tight fitting lid, for the purpose of collecting Recycling.
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2. Bins for new customers shall be delivered within two (2) days of notification
from either the customer or the County. Bins will be delivered in a clean and
sanitary condition.
3. The Bins shall be provided with instructions of proper use, including any
customer actions that would void PDQXIDFWXUHU¶V warranties, such as
placement of hot ashes in the Bin causing the Bin to melt, and procedures to
follow to minimize potential fire problems. A pamphlet explaining the dos
DQGGRQ¶WV program requirements, directions for placement of the Bin, and
notification of the day of the week when the customer will receive collection
will be provided with each Bin.
4. The pamphlet containing the dos DQGGRQ¶WV program requirements and the
directions for placement shall be supplied by the County.
5. No other cans or Bins may be placed into service unless approved by the
County or as otherwise noted in the Contract.
6. Should a customer require a replacement Bin due to loss, stolen or damage,
the Contractor has two (2) days to replace the Bin with a Bin in clean,
sanitary, working condition. A list of lost or damaged Bins will be provided
to the County with the Monthly Report, to include address, so the County may
bill the appropriate party. The Contractor is responsible for all repairs to Bins.
Only factory or approved parts may be used to repair said Bins. Any damaged
Bins that can not be repaired by the Contractor shall be returned to the County
so they may follow the warranty process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Bin.
8. All Bins returned to the County shall be clean, sanitary, and in working
condition, unless being returned for damages beyond repair, then the Bin must
be returned clean and sanitary.
Section 152: Cart/Bin Storage
The Contractor shall provide storage space for carts and bins. The Contractor shall
provide enough space to store the equivalent of two and a half percent (2.5%) of the total
number of units serviced for the Collection Area for each type of Cart and Bin offered or
cumulative total there of.
Example
Contract Area has 5,000 units, then the Contractor shall store up to 125 garbage Carts and
125 recycling Bins = 250 total carts/Bins stored.
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Section 154: Minimum Cart/Bin Percentage
The Contractor shall keep a minimum inventory of one half of one percent (½%) of each
size Cart and Bin used under with this Contract.
Section 156: Cart/Bin Replacement Cost
The County shall have the right to charge the Contractor for the cost of repair or
replacement of Carts and/or Bins which are owned by the County, if such repair or
replacement is required as a result of abuse or damage caused by the Contractor. The
County shall have additional rights to charge the Contractor for the cost of replacement
Carts and/or Bins, if such replacement is required as a result of fire or theft caused by the
Contractor, or on/from Contractors property .
A list of lost, damaged, destroyed, or stolen Carts/Bins will be provided to the County
with the Monthly Report so the County may bill the appropriate party. The Contractor is
responsible for all repairs to Carts/Bins. Any damaged Bins that can not be repaired by
the Contractor shall be returned to the County.
Section 158: Delinquent and Closed Accounts
The Contractor shall discontinue any and/or all collection services at any Unit(s) as set
forth in a written notice sent by the County. Upon further written notification by the
County, the Contractor shall resume any and/or all collections on the next regularly
scheduled collection day.
Section 160: Meetings and Communication
In order to minimize problems during implementation of the Contract, to provide a forum
for discussing and resolving any operational questions or issues that may arise, and for
updating the Operations Plan the parties agree to meet on a regular basis as follows:
1. The period from the date the Contract is awarded until six months after the
actual collection services begin (or such earlier date as may be mutually
agreed to by the pDUWLHV VKDOOEHUHIHUUHGWRDVWKH³,PSOHPHQWDWLRQ3KDVH´
During the implementation phase, meetings shall be held between
representatives of the parties on a weekly basis, or on such more or less
frequent basis as may be mutually agreed. The primary purpose of such
meetings shall be to develop and/or refine the Operations Plan, to evaluate the &RQWUDFWRU¶VSHUIRUPDQFHLQLPSOHPHQWLQJWKH&RQWract, to evaluate Cart and
Bin delivery progress or problems, to air and seek resolution of complaints, to
discuss any actual or perceived problems with service, and to discuss
promotion, public information and public relations.
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2. After the Implementation Phase, meetings shall be held at least on a quarterly
basis, unless otherwise mutually agreed to, between representatives of the
parties. Such meetings shall be held for the purpose of reviewing and
discussing day to day operations, promotion, public information, and public
relations.
3. Meetings shall be held at the offices of the County unless otherwise agreed.
Each party shall be available for at least 90 minutes per meeting, unless
otherwise agreed in advance. Meetings shall be held during normal business
hours.
Section 162: Program Information During Contract Start-Up
All items listed below may be generated by the County. Prior to the start date of the
Contract, the Contractor shall deliver to all Units receiving services, the materials created
by the County to address issues such as the following. This list may not be all inclusive.
1. Materials to be collected and how such materials are to be prepared.
2. Date that the customer shall begin using the new Cart/Bin that was delivered.
3. Cart and material placement information.
4. &RQWUDFWRU¶V Welephone number that customers should call for additional
information or for questions.
5. Telephone number of the County department that customers can call for
additional information or for questions.
The Contractor shall be responsible for informing the Customer of the Collections
schedule for each Unit serviced prior to the start date. The format of said information
shall be printed, and delivered to each service address via door hanger or other approved
format. The Contractor shall have approval from the County prior to any distribution of
these materials.
The above information may further be required to be attached to any new Cart/Bin
delivered or anytime that a Cart/Bin is delivered to a customer.
The County shall approve all customer information materials, promotions, and
educational activities and materials developed by the Contractor in advance of their
production, implementation, or distribution. All public information materials will
conform to the CounW\¶VJXLGHOLQHVDQGLQFOXGHWKH&ounW\¶VLGHQWLW\
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Section 164: Program Information
The Contractor shall deliver informational packets and/or door hangers to each service
address up to two (2) times per year at the discretion of the County. The literature for
said information will be generated by the County.
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C. Manner of Collection
Section 200: Contractor¶s Responsibilities
The Contractor shall be responsible for furnishing all labor, materials, equipment, and
supervision necessary to perform the collection, processing, and other items described in
this Contract.
Section 210: Employee Conduct
1. The Contractor is responsible for providing supervision necessary to ensure
that collection employees are courteous, exercise due care, do their work
without delay, minimize noise, avoid damage to private property, close and
relock all gates and doors that they open, and if on private property, follow the
regular pedestrian walkways and paths, and not cross flower beds, lawns or
through hedges. While collecting, employees shall wear or carry
identification supplied by the Contractor. The identification shall be subject
to approval of the County.
2. When the County identifies unsatisfactory conduct by an employee and the
County notifies the Contractor of such conduct, the Contractor shall take
remedial action. The remedial action shall be appropriate to the level of
unsatisfactory conduct, provided that if the County requests of the Contractor
that an employee be suspended from further work on the Contract for
unsatisfactory conduct, the Contractor will permanently remove the employee
from further work on the Contract.
3. The Contractor will notify the County of remedial action taken in its monthly
reports.
4. The County will cooperate with the Contractor by supplying to the Contractor
the names and contact information, when known, of the complainant as well
as known witnesses.
5. Through the process identified above, the County will have the sole right to
require the removal and replacement of such employee(s) by the Contractor
and/or subcontractors. The County shall exercise such right by providing
written notice to the Contractor via U.S. Mail, fax or email. Such notice will
include the County¶VUHDVRQIRUWKHUHTXHVW
6. The Contractor will replace any personnel who separate from Contractors
employment with equivalently qualified persons. The Contractor will replace
such personnel as soon as reasonably possible, and in any event within thirty
(30) days after the Contractor receives notice that an employee will be
leaving.
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7. 7KHWHUP³SHUVRQQHO´VKDOOLQFOXGHDOOVWDIISURYLGHGE\WKH&RQWUDFWRURULWV
subcontractors who have worked or perform services under this Contract.
Section 220: Employee Uniforms
1. Employees who perform collections or who supervise collection activities
shall wear a uniform. Uniforms shall be of similar type and color for
collections employees. Supervisors shall have some differing uniform
characteristic to identify such authority (such as a different color shirt or
notation on their name badge).
2. The uniform shirt shall be worn buttoned up within one button of the top
button and tucked into the pants/shorts. The shirts must be kept in a clean
professional manner. Shirts must remain free from rips, holes and stains. T-
Shirts are allowed, so long as they meet all other Contract provisions. Tank
tops and sleeveless shirts are not allowed.
3. The uniform must comply with a minimum standard of the American National
Standards Institute ³ANSI´ class II requirements for visibility. Should the
Contractor elect a uniform that does not meet this criteria, then a high
visibility alternative (such as a vest) meeting the minimum standard of ANSI
class II shall be worn at all times while collecting and disposing of materials
under this Contract.
4. The uniform pants/shorts shall be worn above the hips and should have a
length not less than one (1) inch above the knees. Pants/shorts must be kept in
a clean professional manner. Pants/Shorts must remain free from rips, holes
and stains. All pants/shorts must be hemmed and have a finished look.
5. The uniform outerwear must comply with a minimum standard of ANSI class
II requirements for visibility. Should the Contractor elect outerwear that does
not meet this criteria, then a high visibility alternative (such as a vest) meeting
the minimum standard of ANSI class II shall be worn at all times while
collecting and disposing of materials under this Contract.
6. All uniform shirts and outerwear shall have the company name placed in a
conspicuous place. In addition, VXSHUYLVRUVVKDOOKDYHWKHZRUG³VXSHUYLVRU´
placed in a conspicuous place.
Section 230: Spillage
1. The Contractor shall pick up any material scattered or spilled during
collection by the Contractor and clean up the area affected within three (3)
hours of notification of the incident. Each truck shall carry equipment (such
as a broom, shovel spill kit, etc) for this purpose.
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2. The Contractor shall immediately, or within one (1) hour of notification,
commence clean up of any paint, hydraulic, transmission, or other oil spill, or
commence clean up of any spillage which creates a hazardous condition (such
as spillage involving glass). For any hazardous spill, the Contractor must
notify the County immediately.
3. Failure to comply with these requirements is subject to Section 560
Liquidated Damages.
Section 240: Damage Claims
1. The Contractor shall be responsible for any damages to real property, personal
property and personal injury to the extent caused by negligent or willful acts
or omissions and is caused in whole or in part by the Contractor, its
employees, agents, or subcontractors in performing work under this Contract.
2. The Contractor shall notify the County immediately of any damages and/or
damage claims as set forth in the section above, and shall indemnify and hold
harmless the County for same. Written notice of any damages and/or damage
claims shall be provided to the County within two (2) days, and shall include
the name, address, telephone number, description of incident, witness
information and the description of the remedy. The Contractor shall actively
work to resolve the claim timely, timely shall mean within ten (10) working
days after the Contractor has received notice of damages. Claims shall be
resolved within thirty (30) days. For extenuating circumstances, upon written
request from the Contractor, the County at its sole option may extend the
above mentioned time period. If the damage claim is deemed as Contractors
responsibility by law enforcement, their designee, or independent
individual/organization trained to investigate such items and is not resolved
within the applicable period, the County may take any action it deems
necessary to make the injured party whole and deduct the same from amounts
due the Contractor.
Section 250: Customer Grievances
The Contractor will designate a representative to adjudicate customer grievances. At the
County¶VUHTXHVWWKHUHSUHVHQWDWLYHZLOOMRLQWKHCounty in meeting with an aggrieved
customer within 24 hours of notification to resolve a complaint about spillage, a refusal
to serve or a missed pick-up and/or other deficiency in service or a need for
handicapped/special service or other specific Contract provisions.
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D. Reporting/Information Requirements
Section 300: Report/Information Specifications
Throughout the life of this Contract a series of reports and information will be required
by the Contractor. These reports and information are called for throughout the Contract.
The County reserves the right to dictate format, style and to the extent possible,
standardization of all reports and information required under this Contract. The County
may require reports in hard copy and/or electronic copy for any and all reports. Listed
below is a guide to some of the reports/information included in this Contract. This list
may not be inclusive of the reports or information required by the Contractor under this
Contract. The County further reserves the right to alter the reporting requirements from
time to time.
1. Spare vehicle utilization ± (Section 62)
2. Asset Inventory List (Section 85)
3. Handicapped/Special Needs ± as needed (Section 114)
4. Force Majeure Clean-Up ± as needed (Section 120)
5. Eviction, Vacant Lot, Special Clean-Up ± as needed (Section 122)
6. Disposal and Recycling ± as needed (Section 132)
7. Service Disruption ± as needed (Section 142)
8. Red tag, not out, etc. ± daily (Section 144)
9. Lost and/or Damaged Carts (Section 148 and 150)
10. Employee remedial action ± (Section 210)
11. Damage Claims ± (Section 240)
12. Service increase/decrease ± (Section 410)
13. CPI increase ± (Section 430)
14. Equal Employment ± (Section 600 and 610)
15. Emergency Plan ± (Section 700)
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E. Compensation
Section 400: Payment for Collection Services
1. The County shall pay the Contractor monthly for all collection services under
this Contract. Payment shall be based on the number of Units collected that
are receiving Garbage service in the Contract Area.
2. $8QLWZLOOEH³ELOODEOH´LQWKHFXUUHQWPRQWKLIWKH8QLWVWDUWVVHUYLFHVRQWKH
1st through the 14th GD\ RI WKH PRQWK 7KH 8QLW ZLOO EH ³ELOODEOH´ WKH
following month if the Unit starts services on the 15th through the 31st day of
the month.
3. Should a Unit sit vacant/idle, and no service rendered for a full month, then WKDW8QLWVKDOOQRWEH³ELOODEOH´DQGVKRXOGEHUHPRYHGIURPWKH&RQWUDFWRUV
monthly invoice and service list.
4. The County shall deduct any assessments due from the payment owed to the
Contractor.
5. The County shall add additional moneys owed for additional services
provided for under this Contract.
Section 410: Payment Procedure
1. The Contractor shall generate and submit a service listing of all current
customers, including service address and Cart/Bin numbers, which meets the
definition(s) provided by the Solid Waste Department, which is at least 99%
accurate by November 1, 2005.
2. The Contractor shall maintain its service listing with at least 99% accuracy,
listing any service increases or decreases meeting the above stated
requirements for the month of December, 2005.
3. The Contractor shall submit a monthly invoice to the County within five (5)
business days from the end of the month. The invoice shall be for services
performed in the previous month at a Unit Price for that period of the Contract
as outlined in Exhibits B, C, and D, as well as Section 400 and other
provisions in this Contract.
4. The Contractor shall submit a monthly list of all service increases or decreases
to the number of Units as defined by this Contract along with the above stated
invoice. The Contractor is required to supply the date the Unit went into
service, the address of the Unit, and any Cart/Bin numbers. The net difference
will either be added to or subtracted from the prior months final Unit count.
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5. The County shall pay the Contractor within thirty (30) days of receipt of an
undisputed invoice.
6. Payment requests shall be accompanied by:
b. Data supporting the payment request to include a Unit list with name,
service address and Cart/Bin number(s) as necessary to substantiate the
Contractors right to remittance of the amounts invoiced.
c. Certification from the Contractor that it has fully and properly performed
all items of the work covered by the payment request, that all insurance
and bonds required are in full force and in effect, and all subcontractors
and suppliers have been paid from previous requests, and that the
Contractor is not in default of any provision of the Contract.
d. Certification from the Contractor that it has fully and properly met all
obligations under the reporting requirements sections of the Contract, and
has done so fully and honestly.
e. Payment for services will not be paid until the above mentioned items
have been received.
7. Should the County dispute any portion of the invoice, it shall within thirty
(30) days of receipt of the invoice, provide the Contractor with a detailed
itemized list of such objections.
Section 420: Contract Unit Price
See Exhibit B.
Section 430: Adjustments
1. CPI Adjustment
a. The Contractor shall be entitled to one hundred percent (100%) of the
actual percentage change in the CPI (as hereinafter defined).
b. The ³&3,´. Means the Consumer Price Index for All Urban Consumers
³&3,-8´ Atlanta, Georgia ± Atlanta, Georgia, All Items, 1982-1984
equals 100, published by the United States Department of Labor, Bureau RI/DERU6WDWLVWLFV ³%/6´ RULWVVXFFHVVRU,I%/6GHVLJQDWHVDQLQGH[
with a nes title or code number or table number as being the continuation
of the index cited above, the new index will be used, or if no new index is
designated, the most nearly compatible index shall be used.
2. General conditions for adjustments.
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a. The CPI Index percentage change will be determined from January 1st to
December 31st of the previous year, with an implementation of the
increase on June 1st, and every June 1st thereafter with the first increase
starting in June of 2007.
b. The Contractor must notify the County in writing by March 31st of each
year beginning March of 2007, of the amount and percentage of any rate
adjustment allowed under this section. If timely notice is not received by
the County, no increase will be allowed for that year.
c. In any event, the adjustment will be limited to a maximum increase or
decrease of four percent (4%) annually.
Section 440: Wage Increases for Employees
All wage increases for collectors or any other employees of the Contractor granted during
the term of this Contract shall be the sole responsibility of the Contractor. Any benefits
or added costs resulting from changes in technology, laws and regulations, labor
practices, availability of equipment, and other foreseeable business risks that may affect
the performance of this Contract shall be the Contractor¶s advantage or expense
respectively, except noted herein.
Section 450: Withholding and Payment of Tax Liens and Judgments
The County may withhold and pay to the United States of America or to any federal
court, or the State of Georgia or any state court, the amount claimed in a levy filed by the
United States Internal Revenue Service or the Georgia State Department of Revenue,
respectively, the amount directed by a writ of garnishment, writ of attachment, or writ of
execution or by an order of a Bankruptcy Court, and/or by any court order, each for
monies claimed from the Contractor. When presenting such an order, the County may in
its discretion institute interpleading proceedings. The County may make a payment in
conjunction with the interpleaded action to the appropriate court. Payments so made or
deposited into the registry of the court shall be satisfaction of payment due to the
Contractor.
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F. Security, Liability, Damages
Section 500: Payment Bond
1. The Contractor shall furnish the County a bond with a corporate surety
acceptable to the County in the amount equal to twenty five (25%) of the
annual Contract amount. The bond shall be valid and non-cancelable for a
period not less than one (1) year and the Contractor shall provide a new bond,
or evidence satisfactory to the County of the renew ability of the current bond
at least forty five (45) calendar days before it expires.
2. The initial payment bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
3. The bond shall be for the use and benefit of the County, with a surety
company authorized to do business in the State of Georgia and acceptable to
the County. Said bond shall be conditioned that should such Contractor
faithfully pay all laborers, mechanics, subcontractors, material men, and all
persons who shall supply such Contractor or subcontractors with provisions
and supplies for the performance of this Contract, said bond shall be null and
void and shall be further conditioned that any person(s) performing such work
or services, said bond shall contain appropriate recitations that it is issued
pursuant to this Contract.
Section 510: Performance Bond
1. The Contractor shall furnish the County a bond with a corporate surety
acceptable to the County in the amount equal one hundred percent (100%) of
the annual Contract amount. The bond shall be valid and non-cancelable for a
period not less than one (1) year and the Contractor shall provide a new bond,
or evidence satisfactory to the County of the renew ability of the current bond
at least forty five (45) calendar days before it expires.
2. The initial payment bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
3. The bond shall be for the use and benefit of the County, with a surety
company authorized to do business in the State of Georgia and acceptable to
the County. Said bond shall be conditioned that should such Contractor
faithfully perform each and every term, condition, and provision of this
Contract, said bond shall be null and void and shall be further conditioned that
any person(s) performing such work or services, said bond shall contain
appropriate recitations that it is issued pursuant to this Contract.
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Section 520: Default of Contractor
1. This section is independent, notwithstanding any other provisions of this
Contract. The Contractor may be held in default of the Contract in the event
the Contractor:
a. Fails to perform ninety percent (90%) of the collections required by this
Contract and appears, to the County, to have abandoned the work, or to be
unable to resume collections within forty-eight (48) hours.
b. Has failed on any occasion of two (2) consecutive working days, in any
year, or ten (10) days in a calendar year to perform the collections required
by the Contract; except as provided in Section 140.
c. Fails to comply with the terms of Section 600 through 640 upon written
notice by County with 15 days to cure. Said cure period will only apply to
the first offense of similar offenses.
d. Fails to furnish and maintain a Performance and/or Payment Bond per
Section 500 and 510.
e. Fails to furnish and maintain the Insurance requirements per Section 540.
f. Fails to be granted and/or receive prior written approval of a change of
control or other provision as defined in Section 875.
g. Repeatedly neglects, fails, or refuses to comply with any of the terms of
the Contract, after having received notice of its obligation to do so.
2. To initiate proceedings under this Section, the County shall give notice to the
Contractor and its surety. Within 7 days, Contractor may demand a at which
the Contractor may show cause why it should not be declared in default or
why it should be given the opportunity to cure said default. In the event the
Contractor fails to show, to the reasonable satisfaction of the County, why the
Contractor should not be declared to be in default of this Contract, the County
may make a declaration of default. In evaluating whether to make such a
declaration of default, the County shall, in its discretion, consider the severity
of the alleged violations, and the overall performance of the Contractor under
the Contract.
3. In declaring the Contractor to have defaulted on the Contract, the County also
may order the Contractor to discontinue further performance of work under
the Contract and transfer the obligation to perform such work from the
&RQWUDFWRUWRWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGDQGWDNHDQ\
other action it deems advisable.
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4. Under receipt of a notice that the work has been transferred to the surety
without termination of the Contract, the surety shall take possession of all
materials and equipment described in the most recent inventory submitted to
the County pursuant to Section 85 hereof, for the purpose of completing the
work under the Contract, employ, by the Contract or otherwise, any person
and/or all persons needed to perform the work; and provide materials and
equipment required therefore. Such employment shall not relieve the surety
of its obligations under the Contract of bond. If there is a transfer to the
surety, payments shall be made to the surety or its agent for all work
performed under the Contract subsequent to such transfer, in amounts equal to
those that would have been made to the Contractor had it performed in the
manner and to the extent of thHVXUHW\¶VSHUIRUPDQFHDQGWKHContractor shall
have no claim upon the same.
5. ,QWKHHYHQWWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGIDLOVWRDVVXPH
or continue performance within two (2) days after its receipt of notice that the
work has been transferred to such surety, the Contractor shall be deemed to
have leased, subleased, or otherwise license the County to use all, or whatever
portion is desired by the County, of the materials and equipment described on
the most recent inventory submitted to the County pursuant to Section 85
hereof, for collection (and processing) purposes for a period of up to one (1)
year following the date of the declaration of default by the County without
requiring the County to execute any other document whatsoever to accomplish
such lease, sublease, or license and without requiring the County to post any
bond, pledge, deposit or other security for such equipment and materials, but
upon the condition that the County pay for the equipment and materials
actually used for such collection a market rental that is no greater than (i) the
monthly lease, in the event such property is leased by the Contractor, (ii) the
periodic installment, in the event such property is being acquired under a
purchase Contract, (iii) the periodic financing interest and principal, in the
event such property is being acquired under a purchase Contract, or (iv) the
financing arrangement; provided, that under no circumstances shall the
County be liable during its use of such property for any arrearages, balloon
payment, accrued interest, accelerated charges in the event of a default, or
other extraordinary payment; nor shall the satisfaction thereof be a condition
of the County¶V LQWHULP XVH RI VXFK SURSHUW\ SURYLGHG IXUWKHU WKDW VXFK
lease, sub-lease, or license shall be suspended the date the surety on the
&RQWUDFWRU¶VERQGRULWVDJHQWDFFHSWVWKHWUDQVIHURIZRUNXQGHUWKH&RQWUDFW
6. In the event the County secures the performance of work under the Contract at
a lesser cost than would have been payable to the Contractor had the
Contractor performed the same, then the County shall retain such difference;
but in the event such cost to the County is greater, the Contractor and its
surety shall be liable for and pay the amount of such excess to the County.
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7. All payments due the Contractor at the time of default, less amounts due the
County from the Contractor, shall be applied by the County against damages
suffered and expense incurred by the County to reason of such default, any
excess shall be paid to the Contractor unless otherwise provided herein.
8. Notwithstanding the provisions of this Section, a delay or interruption in the
performance of all or any part of the Contract resulting from causes beyond
WKH&RQWUDFWRU¶VFRQWURO, as defined in section 880, shall not be deemed to be a
default and the rights and remedies of the County provided for herein shall be
inapplicable; provided that all labor disputes as defined in section 880 hereof VKDOOQRWEHFRQVLGHUHGDFDXVHEH\RQGWKH&RQWUDFWRU¶VFRQWURO as defined in
section 880.
Section 530: Commitment of Equipment
1. Unless a replacement or substitute is provided, all vehicles, facilities,
HTXLSPHQWDQGSURSHUW\LGHQWLILHGLQWKH&RQWUDFWRU¶VLQYHQWRU\XQGHU6HFWLRQ
85 for use in the performance of WKLV&RQWUDFW FDOOHG³VXFKSURSHUW\´ VKDOO
be available for use in collecting Garbage, Yard Waste, Recycling, and Bulky
Waste. When provided, this Section applies to the replacement and substitute.
2. For the duration of this Contract, any document (including a lease to or by the
Contractor, financing Contract, acquisition over time, mortgage, or other
instrument establishing a security interest) that encumbers or limits the &RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\VKDOO
a. Allow the surety on the Contractor¶VSHUIRUPDQFHERQGWRWDNHRYHUWKH
&RQWUDFWRU¶V REOLJDWLRQV DQG WR FRQWLQXH WKH XVH RI WKH HTXLSPHQW LQ
service for performance of the Contract;
b. $OORZWKH&RXQW\WRWDNHRYHUWKH&RQWUDFWRU¶VREOLJDWLRQVDQGWRFRQWLQXH
the use of the equipment in service for performance of the Contract;
c. Exempt the County from liability during its usage of such property for
arrearages, balloon payments, accrued interest, accelerated charges on
account of a default, or other extraordinary payments, and not make
satisfaction thereof a condition of the County¶VLQWHULPXVDJH DQG
d. Forbare DQ\ IRUHFORVXUH WUXVWHH¶V VDOH RU RWKHU GLVSRVVHVVLRQ RI WKH&RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\ZLWKRXWJLYLQJERWKWKHCounty and VXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGVL[W\ 60) days prior notice,
DQG WKHQ PDNH DQ\ WHUPLQDWLRQ RI WKH &RQWUDFWRU¶V LQWHUHVW LQ VXFK
property pursuant to such action or the enforcement thereof subject to the
requirement of Subsections 1, 2, and 3 of this section.
Attachment number 2
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3. To assure compliance with this Section, the Contractor shall submit to the
County for review and approval or disapproval prior to execution all contracts,
leases, or other documents for acquisition of, or encumbering or limiting the
&RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\RUIRUUHSODFHPHnts thereof and any
proposed agreement that would encumber or transfer any interest of the &RQWUDFWRU LQ VXFK SURSHUW\ EHIRUH WKH &RQWUDFWRU¶V H[HFXWLRQ RI VXFK
agreement. The County¶VDSSURYDOVKDOOQRWEHXQUHDVRQDEO\ZLWKKHOG
Section 540: Insurance
1. Contractor shall at all times during the term of this Contract, obtain and
maintain continuously, at its own expense, and file with the County evidence
of a policy or policies of insurance as enumerated below, which name the
County as an additional insured:
2. A policy of Commercial General Liability Insurance, written on an insurance
industry standard occurrence form, including the following FRYHUDJH¶V:
a. Premises/Operations Liability
b. Products/Completed Operations Liability
c. Personal/Advertising Injury
d. Contractual Liability
e. Independent Contractors Liability
f. Stop Gap/Employers Contingent Liability
g. Explosion, Collapse, or Underground (XCU)
h. Fire Damage
3. Such Policy(ies) must provide the following minimum limits:
a. Bodily Injury and Property Damage
b. $2,000,000 General Aggregate
c. $2,000,000 Products & Complete Operations Aggregate
d. $1,000,000 Personal & Advertising Injury
e. $250,000 Fire Damage
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4. Stop Gap Employers Liability:
a. $1,000,000 Each Accident
b. $1,000,000 Disease ± Policy Limit
c. $1,000,000 Disease ± Each Employee
5. A policy of Business Automobile Liability including coverage for owned,
non-owned, leased or hired vehicles written on an insurance industry standard
form or equivalent.
Such policy(ies) must provide the following minimum limit:
a. Bodily Injury and Property Damage
b. $1,000,000 Per Person
c. $2,000,000 Per Occurrence
6. A policy of Workers Compensation Insurance. With respects to Workers
Compensation insurance in the State of Georgia, the Contractor shall secure
its liability for industrial injury to its employees in accordance with the
provisions of § 34-9-1 et seq, Official Code of Georgia Annotated.
Such policy must provide the following minimum limits:
a. Statutory coverage for injuries and occupational disease.
b. (PSOR\HU¶V/LDELOLW\.
7. Any deductible or self-insured retention must be disclosed and is subject to
approval by the County. The cost of any claim payments falling within the
deductible shall be the responsibility of the Contractor.
8. If any such policy is written on a ³&laims Made´ form, the retroactive date
shall be prior to or coincident with the Start Date of this Contract. The policy
shall state the coverage is ³Claims Made´, and state the retroactive date.
Claims made from coverage shall be maintained by Contractor for a minimum
of two years following the expiration or earlier termination of this Contract,
and Contractor shall annually provide the County with proof of renewal. If
renewal of the claims made form of coverage becomes unavailable, or
economically prohibitive, Contractor shall purchase an extended reporting
SHULRG ³WDLO´ RUH[HFXWHDQRWKHUIRUPRIJXDUDQWHHDFFHSWDEOHWRWKHCounty
to assure financial responsibility for liability for services performed.
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a. Additional Insured and Primary Insurance Provisions:
Such insurance, as provided under items (1), and (2) above, shall be
endorsed to include the County, its officers, elected officials, employees,
agents, and volunteers as additional insured, and shall not be reduced or
canceled without forty-five (45) days prior written notice to the County.
,QDGGLWLRQ&RQWUDFWRU¶VLQVXUDQFHVKDOOEHSULPDU\DQGDQ\RWKHU
insurance maintained by the County shall be excess and not contributing
insurance with the Contractors insurance.
b. Evidence of Insurance: The following documents must be provided as
evidence of insurance coverage:
i. A copy of the policies declarations pages, showing the insuring
company, policy effective dates, limits of liability and the schedule of
forms and endorsements.
ii. A copy of the endorsement naming the County as an additional insured
showing the policy number and signed by an authorized representative
of the insurance company for business auto liability and for the
commercial general liability policy a form CG 2010 (ISO) or
equivalent.
iii. A copy oIWKH³(QGRUVHPHQW)RUP/LVW´WRWKHSROLF\RUSROLFLHV
showing endorsements issued on the policy, and including any
company-specific or manuscript endorsements.
iv. A copy of an endorsement stating that the FRYHUDJH¶V provided by this
policy to the County or any other named insured shall not be
terminated, reduced or otherwise materially changed without providing
at least forty-five (45) days prior written notice to the County.
v. $FRS\RID³6HSDUDWLRQRI,QVXUHG´RU³6HYHUDELOLW\RI,QWHUHVW´
clause indication essentially that ± except with respect to the limits of
insurance and any rights or duties specifically assigned to the first
named insured and separately to each insured against whom claim is
made or suit is brought (Commercial General Liability and Business
Automobile Liability Insurance).
c. Policy Rating: All policies shall be subject to approval by the County as
to company (must be rated A- 9,,RUKLJKHULQWKH$0%HVW¶V.H\5DWLQJ
Guide and licensed to do business in the State of Georgia or issued as a
surplus line by a Georgia Surplus lines broker), form and coverage, and
primary to all other insurance
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d. Self Insurance: Should Contractor be self insured, under item (1), (2) and
(3) above, a letter form a Corporate Officer stipulating if actuarially funds
and fund limits; plus any excess declaration pages to meet the Contract
requirements. Further, this letter should advise how Contractor would
protect and defend the County as an Additional Insured in their Self-
Insured layer, and include claims handling directions in the event of a
claim.
e. Subcontractors: Contractor shall include all subcontractors as insured
under its policies or shall furnish separate evidence of insurance as stated
above for each subcontractor. All FRYHUDJH¶V for subcontractors shall be
subject to all the requirements stated herein and applicable to their
profession.
9. Failure of the Contractor to furnish and maintain said Insurance requirements
shall be considered a material default of this Contract.
Section 550: Indemnity
The Contractor(s) shall defend, indemnify and save harmless the County and the
County¶V officers, employees and agents from any and every claim and risk, and from all
losses, damages, demands, suits, judgments and attorney fees, and other expenses of any
kind (collectively ³ORVVHV´ arising out of this Contract or the performance thereof;
including but not limited to any personal injury, or death of any and all persons
(including but not limited to the Contractor, its agents, employees, subcontractors and
their successors and assignees, as well as the County or the County¶VDJHQWVDQGDOOWKLUG
parties); and including any property damage of any kind, whether tangible or
intangible, including loss of use resulting there from, in connection with or related to the
negligent or willful act(s) or omissions of the Contractor of its subcontractor which were
caused in whole or in part by the Contractor or its subcontractor while performing work
under this Contract, or in connection with or related to (in whole or in part by reason of)
the presence of the Contractor or its subcontractors or their property, employees or
agents, upon or in proximity to the property of the County or any other property (upon
which the Contractor is performing any work called for), except only those losses
resulting solely from the negligence of the County.
Section 560: Liquidated Damages ± Reasonable pre-estimate of Owners Damages
1. Augusta is committed to delivering quality solid waste disposal services to its
citizens and maintaining clean streets and public areas. This Section
establishes damages for failure to meet performance standards hereinafter set
forth. This Section is independent of Section 511 ± Default of Contractor.
The County and Contractor expressly agree that the potential harm or injury to
the County caused by the following incidents of substandard performance are
difficult or impossible to accurately estimate. The County and Contractor
stipulate that the following damages are a reasonable pre-estimate of the
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probable loss to the County and the public. The parties agree that these
provisions for liquidated damages are not intended to operate as penalties for
breach of Contract.
2. This Section is independent of Section 520 - Default of Contractor. The
amounts agreed to herein for each act or omission are Liquidated Damages.
Liquidated Damages may be set-off and deducted from the monthly payment
to the Contractor.
3. This section will be effective on and after February 1, 2006.
a. Performance
Standard
(Omission): Not placing Carts/Bins back in their original locations in a
neat and orderly manner, Carts/Bins upright, and
thoroughly emptied. (Section 114)
Damage: $25 per incident
b. Performance
Standard
(Omission): Commencement or completion of collections outside of
contract specifications except as expressly permitted
herein. (Section 126)
Damage: $100 per incident (each truck is a separate incident plus
starting early and ending late will be considered two
events)
c. Performance
Standard
(Omission): Failure to collect spillage. (Section 230)
Damage: $100 per incident per day (each Unit represents a separate
incident)
d. Performance
Standard
(Omission): Failure to collect missed Garbage, Yard Waste, Recycling
or Bulky Waste pursuant to this Contract. (Section 144)
Damage: $25 per incident to a maximum of $500 per truck per day
for each type of collection (Garbage, Yard Waste, etc.)
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e. Performance
Standard
(Omission): Failure to deliver or replace Carts/Bins as specified in the
Contract. (Sections 148 and 150.)
Damage: $25 per Carts/Bins per day.
f. Performance
Standard
(Omission): Failure to start the Contract on the Start Date.
Damage: $5,000 per day.
g. Performance
Standard
(Omission): Mixing of Contract waste with non-contract waste. (Section
60)
Damage: $5,000 per event
h. Performance
Standard
(Omission): Intentional disposal of Yard Waste and/or Recycling
Materials placed in a collection vehicle collecting Garbage.
Damage: $100 per incident per day (each Unit represents a separate
incident) (Section 104)
4. The liquidated damages set forth above are not intended to compensate the
County for any damages other than inconvenience and loss of use or delay in
services. The existence or recovery of such liquidated damages shall not
preclude the County from recovering other damages in addition to the
payments made hereunder which the County can document as being
attributable to the above referenced failures. In addition to other costs that
may be recouped, the County may include costs of personnel and assets used
to coordinate, inspect, and re-inspect items within this Contract as well as
attorney fees if applicable.
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G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Employment Opportunity
1. The Contractor shall not discriminate against any employee or applicant for
employment because of race, religion, creed, color, sex, marital status, sexual
orientation, political ideology, ancestry, national origin, or the presence of any
sensory, mental, or physical handicap, unless based upon a bonafide
occupational qualification. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment, without regard to their of race, religion, creed, color, sex, marital
status, sexual orientation, political ideology, ancestry, national origin, or the
presence of any sensory, mental, or physical handicap. Such action shall
include, but not be limited to the following: employment, upgrading,
promotion, demotion, transfer, recruitment or recruitment advertising, layoff
or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices are provided, setting forth the provisions of this non-discrimination
clause.
2. The Contractor agrees that it will inform the County of any alleged
violation(s) of employment practices involving any employees who work
under this Contract which are asserted in any claims filed with the Equal
Employment Opportunity Commission, Labor Department, or any other
federal or state compliance agency within ten (10) days of becoming aware of
said claim. The Contractor will also inform the County of the final disposition
of such cases within ten (10) days of becoming aware of the final disposition.
Section 610: Equal Employment Opportunity ± Implementation
1. The Contractor shall obtain in writing from each subcontractor or participant
in a joint venture, an affirmative action policy or program and retain such
written policy or program for inspection by the County.
2. The Contractor shall be responsible for the compliance of subcontractors or
joint ventures. Appropriate sanctions for noncompliance will be imposed on
the Contractor. The requirements for the Contractor apply to subcontractors, UHJDUGOHVVRIWLHU7KH&RQWUDFWRU¶VUHVSRQVLELOLW\LQFOXGHVREWDLQLQJHTXDO
employment opportunity documentation from subcontractors or joint ventures
and reviewing the same as to validity and compliance. The Contractor shall
VXEPLWVXFKGRFXPHQWDWLRQFRQFXUUHQWZLWKWKH&RQWUDFWRU¶VRZQVXEPLWWDOV
3. The Contractor will, prior to commitment and during the term of this Contract,
furnish to the County upon their request and on such form as may be provided
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by the County, a report of the affirmative action taken by the Contractor in
implementing the terms of these provisions, and will permit access to their
records of employment, employment advertisements, application forms, other
pertinent data records requested by the County for the purpose of investigation
to determine compliance with this provision. If upon investigation, the
County finds probable cause to believe that the Contractor has failed to
comply with any of the terms of these provisions, the Contractor and the
County shall be so notified in writing. The County shall give the Contractor
an opportunity to be heard, after ten (10) days notice. If the County finds
cause, the County may suspend the Contract and/or withhold any funds due or
to become due to the Contractor, pending compliance by the Contractor with
the terms of these provisions. Failure to comply with any of the terms of these
provisions shall be a material default of the Contract.
4. The foregoing provisions will be inserted in all subcontracts for work covered
by this Contract.
Section 620: Drug ±Free Workplace
1. The County is a drug-free workplace employer. The Contractor hereby
certifies that it has or it will within thirty (30) days prior to the Start Date of
the Contract:
2. Notify employees that the unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited in the workplace and
specifying actions that will be taken for violations of such prohibition;
3. Establish a drug-free awareness program to inform employees about (i) the
GDQJHUV RI GUXJ DEXVH LQ WKH ZRUNSODFH LL WKH &RQWUDFWRU¶V SROLF\ RI
maintaining a drug-free workplace, (iii) any available drug counseling,
rehabilitation, and employee assistance programs, and (iv) the penalties that
may be imposed upon employees for drug abuse violations;
4. Notify each employee that as a condition of employment, the employee will
(i) abide by the terms of the prohibition outlined above, and (ii) notify the
Contractor of any criminal drug statute conviction for a violation occurring in
the workplace not later that five (5) days after such conviction;
5. Impose a sanction on, or requiring the satisfactory participation in a drug
counseling, rehabilitation or abuse program by, an employee convicted of a
drug crime;
6. Make a good faith effort to continue to maintain a drug-free workplace for
employees; and require any party to which it subcontracts any portion of the
work under the Contract to comply with the above provisions.
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7. A false certification or the failure to comply with the above drug-free
workplace requirements during the performance of the Contract shall be
grounds for suspension, termination or debarment.
8. The foregoing provisions will be inserted in all subcontracts for work covered
by this Contract.
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H. Operations Plan, Emergency Plan
Section 700: Operations Plan
1. After the Contract has been awarded and no less than ninety (90) days prior to
the Start Date, the Contractor shall prepare and submit to the County a
comprehensive and detailed Operations Plan, which describes in detail all
tasks, procedures and resources associated with the transition from the
&RXQW\¶VFXUUHQWContract for Garbage, Yard Waste, Recycling and Bulky
Waste collection to the awardees of this Contract. The Operations Plan, once
approved by the County, will become a part of this Contract.
2. The Operations Plan shall spell out in detail all costs, steps, tasks, activities,
events, procedures and resources necessary for the Contractor to provide for a
smooth and efficient transition from the County¶VFXUUHQWservice providers to
the Contractor awardees, with minimum disruption to the County¶V&XVWRPHU.
The Operations Plan will further contain a time line and completion date for
all such tasks and activities. The Contractor will ensure that certain essential
operations as set forth in the Operations Plan will not be interrupted by any
part of the transition. The Contractor shall seek the County¶V LQput in
developing the Operations Plan, and the Operations Plan shall not be deemed
final until accepted in writing by the County.
3. The Operations Plan shall be maintained by the Contractor, and shall be
updated and submitted to the County on a weekly basis throughout the
implementation phase to reflect the current status of all work. Aside from
updates to show tasks accomplished, no changes to the Operations Plan shall
be made without the prior written approval of the County.
4. The County shall have the right to audit, on its own behalf or through agents,
the Operations Plan and the progress of all work throughout the
implementation. The County or its agents shall be entitled to conduct audits
as it sees fit.
5. The Contractor will adhere to the schedule set forth in Operations Plan
regarding the transition and implementation of its Garbage, Yard Waste,
Recycling, and Bulky Waste. There shall be no extensions of the time periods
or completion dates set forth in the Operations Plan without the County¶V
written consent.
6. When stating days in the Operations Plan, it is to be based on Calendar Days.
7. Throughout the implementation phase weekly reports will be made to the
County regarding the progress of the transition.
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8. Samples of items to include in the operations plan would be;
a. Acquiring assets, preparing assets for collection, scheduling asset
inspections, etc.
b. Asset Inspections.
c. Developing asset inventory lists.
d. Setting up contractors offices.
e. Ensuring disposal stickers are purchased, and placed on vehicles.
f. Setting up routes, and creating service maps.
g. Procedures for notifying customers of new collection days.
h. Procedures for orientation of collection and Cart/Bin delivery personnel
including route coordination/cooperation with County staff.
i. Identifying handicapped/special needs customers.
j. Procedures for transmitting information to and from the County and the
Contractor
k. Procedures for applying, appealing and reversing liquidated damages.
l. Standards for electronic transfer of information.
m. Acquisition of bonds and insurance.
n. Developing an emergency plan.
Section 710: Emergency Plan
1. At least thirty (30) days prior to the Start Date, the Contractor shall submit an
Emergency Plan to the County which shall detail those actions which the
Contractor will take to deal with emergency situations such as extreme cold
temperatures, snow/ice, fire, or natural disaster which would require a
deviation from normal operating procedures.
2. The Emergency Plan shall also include emergency phone numbers of the
Contractor, and for key contact persons, such that a responsible contact person
is available to the County at all times. The Emergency Plan must also include
customer notification procedures.
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3. Upon submission of the Emergency Plan to the County, the County shall
approve or reject the Emergency Plan. If the Emergency Plan is rejected, the
Contractor and the County will begin negotiations to develop a mutually
agreeable Emergency Plan prior to the Start Date of the Contract.
4. The emergency plan shall be updated annually in the month of January.
Additional updates are required when items in the plan change or need
updated.
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I. Ancillary Provisions
Section 800: Assignment of Pledge of Monies by the Contractor
The Contractor shall not assign or pledge any of the monies due under this Contract
without securing the written approval of the surety on the performance bond as well as
the payment bond and providing at least thirty (30) days prior written notice to the
County RIVXFKDVVLJQPHQWVRUSOHGJHWRJHWKHUZLWKDFRS\RIWKHVXUHW\¶VDSSURYDO(s)
thereof. Such assignments or pledge, however, shall not release the Contractor or its
sureties from any obligations or liabilities arising under or because of this Contract.
Section 805: Assignment, Subcontracting, Delegation of Duties
1. The Contractor may not sub-Contract more than 50% of the total amount of
collections and total work under this Contract without the prior written
approval of the County. The Counties decision shall be final and binding.
2. Except for the subcontracting identified in the Contractor¶s proposal, the
Contractor shall not assign or subcontract or transfer any of the work or
delegate any of its duties under the Contract without the prior written approval
of the County, which approval may be withheld in the County¶V VROH
discretion. Notwithstanding the foregoing, the County¶VDSSURYDOVKDOOQRW
unreasonably be withheld if the Contractor proposes to assign or transfer this
Contract to an affiliate of the Contractor or to Contractors parent corporation,
provided that Contractor can establish to the reasonable satisfaction of the
County that (i) the assignee or transferee will operate the Contract in
substantially the same manner as the Contractor, will use substantially the
same management and collection personnel as Contractor, and possesses
substantially the same financial capabilities as Contractor and (ii) the assignee
or transferee is not affiliated in any way with the company that has a Contract
for residential collection with the County for the portion of the County outside
the Contractor Collection Area.
3. In the event of an assignment, subcontract, or delegation of duties, the
Contractor shall remain responsible for the full and faithful performance of
the Contract and the assignee, subcontractor, other obligor shall also become
responsible to the County for the satisfactory performance of the work
assumed. The County may condition its approval upon the delivery by the
assignee, subcontractor or other obligor of its covenant to the County to fully
and faithfully complete the work or responsibility undertaken.
4. During the term of this Contract, the Contractor shall not have an ownership
interest in any other company that has a Contract for residential collection
with the County.
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5. Should a Contractor sub-contract work under this contract, a sub-contract
contract/agreement shall be generated in writing. This agreement shall at a
minimum include the area to be serviced, the price that the sub-contractor
shall be paid, and the required sections under this contract that flow through to
a sub-contractor. A copy of said agreement(s) shall be provided to the County
within fourteen (14) days of execution.
Section 810: Audit and Inspections
1. During the term of the Contract and for a period of one (1) year after the
termination or expiration of the Contract for any reason, the County shall have
the right to audit, either itself or through an agent, the books and records
(including but not limited to technical records) of the Contractor to ensure the
&RQWUDFWRU¶VFRPSOLDQFHZLWKDOOWKHWHUPVDQGFRQGitions of the Contract.
2. During the term of the Contract, the County shall have the right to inspect any
item deemed necessary to ensure that Contract provisions are/were being met.
This can include, but is not limited to; site visits to the office or other
locations used under this Contract, disposal locations, field, shop inspections
or equipment, etc.
Section 815: Contractor Will Not Sell or Disclose Data
The Contractor will treat as confidential information, all data in connection with the
Contract. County data processed by the Contractor shall remain the exclusive property of
the County. The Contractor will not reproduce, copy, duplicate, disclose or in any way
treat the data supplied by the County in any manner except as contemplated by this
Contract.
Section 820: No Publicity
No advertising, sales promotion or other materials of the Contractor or its agents or
representatives may be distributed to customers without prior written approval of the
County. The Contractor, its agents or representatives shall not reference this Contract or
the County in any manner without the prior written consent of the County.
Section 825: Contract Rights
1. The parties reserve the right to amend this Contract from time to time by
mutual agreement in writing.
2. Rights under this Contract are cumulative, and in addition to rights existing at
common law.
3. Payment by the County and performance by the Contractor do not waive their
Contract rights.
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4. Failure by either party on any occasion to exercise a Contract right shall not
forfeit or waive the right to exercise the right of another occasion. The use of
one remedy does not exclude or waive the right to use another.
Section 830: Open Records Act
Contractor acknowledges that County records including this Contract are subject to
*HRUJLD¶V Open Records Act.
Section 835: Interpretation
1. This Contract shall be interpreted as a whole and to carry out its purpose. This
Contract is an integrated document and contains all the promises of the
parties; no earlier oral understandings modify its provisions.
2. Captions are for convenient reference only. A caption does not limit the scope
or add commentary to the text.
Section 840: Law; Venue
The laws of the State of Georgia shall govern the validity, construction and effect of this
Contract. The venue for any claims, litigation or causes of action between the parties
shall be in the Superior Court of the Richmond County, Georgia.
Section 845: Discretionary Waiver of Right to a Jury Trial
The Contractor and County may waive all rights to have a trial by jury in any action,
proceeding, claim, or counterclaim brought by either of them against the other on any
matter whatsoever arising out of or in any way related to or connected with the Contract.
Section 850: Specific Performance and Injunctive Relief
The Contractor agrees that the services are critical to the County¶VRSHUDWLRQDQGWKDW
monetary damages are not an adequate remedy for the Contractors failure to provide
services as required by the Contract, nor could damages be the equivalent of the
performance of such obligation. Accordingly, the Contractor hereby consents to an order
granting specific performance of such obligations of the Contractor in a court of
competent jurisdiction within the State of Georgia. The Contractor further agrees that a
failure by it to perform the services in the manner required by the Contract will entitle the
County to injunctive relief.
Section 855: Notices
1. All official notices or approvals shall be in writing. Unless otherwise
directed, notices shall be delivered by messenger, by certified or registered
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mail, return receipt requested, or by fax to the parties at the following
respective addresses:
To the County: To the Contractor:
Assistant Director General Manager
4330 Deans Bridge Road 5734 Columbia Road
Blythe, GA. 30805 Grovetown, GA. 30813
(706) 592-9634 Phone (706) 790-7920 Phone
(706) 592-1658 Fax (706) 434-0254 Fax
2. Either party may from time to time designate a new address for notices.
Unless a return receipt or other document establishes otherwise, a notice sent
by U.S. Mail shall be presumed to be received the third business day after its
mailing.
Section 860: Severability
Should any term, provision, condition, or other portion of this Contract or its application
be held to be inoperative, invalid, or unenforceable, and the remainder of the Contract
still fulfills its purposes, the remainder of this Contract or its application in other
circumstances shall not be affected thereby and shall continue in force and effect.
Section 865: Interest of the Parties
The Contractor covenants that its officers, employees and shareholders have no interest
and shall not acquire any interest, direct or indirect, which would conflict in any manner
of degree with the performance of services required under the Contract.
Section 870: No Bribery
The Contractor certifies that neither it, any of its affiliates or subcontractors, nor any
employees of any of the forgoing has bribed or attempted to bribe an officer or employee
of the County in connection with the Contract.
Section 875: Change in Control ± Legal Counsel
1. ,QWKHHYHQWRIDFKDQJHLQ³&RQWURO´RIWKH&RQWUDFWRU DVGHILQHGEHORZ WKH
County shall terminate the Contract for default unless the County has granted
prior written approval. Such approval shall be at the sole discretion of the
County. Any approval by the County for transfer of ownership or control
shall be contingent upon the perspective controlling party becoming a
signatory to the Contract and otherwise complying with the terms of the
Contract. The Contractor shall notify the County within ten (10) days after it
becomes aware that a change in Control will occur. As used in the Contract, WKHWHUP³&RQWURO´VKDOOPHDQWKHSRVVHVVLRQGLrect or indirect of either;
Attachment number 2
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a. The ownership of or ability to direct the voting of, as the case may be fifty
one (51%) or more of the equity interest, value or voting power of the
Contractor; or
b. The power to direct or cause the direction of the management and policies
of the Contractor whether through the ownership of voting securities, by
Contract or otherwise.
Section 880: Force Majeure
1. The Contractor shall not be liable for any failure or delay in the performance
of its obligations pursuant to this Contract (and such failure or delay shall not
be deemed a default of this Contract or grounds for termination hereunder if
all of the following conditions are satisfied:
a. If such failure or delay
i. could not have been prevented by reasonable precaution, and
ii. cannot reasonably be circumvented by the non-performing party
through the use of alternate sources, work around plans, or other
means, and
b. If and to the extent such failure or delay is caused, directly or indirectly by
fire, flood, earthquake, hurricane, elements of nature or acts of God, acts
of war, terrorism, riots, civil disorders, rebellions, or revolutions, or court
order.
2. Upon the occurrence of an event which satisfies all of the conditions set forth
above, the Contractor shall be excused from any further performance of those
obligations pursuant to this Contract affected by the Force Majeure for as long
as;
a. Such Force Majeure event continues and,
b. The Contractor continues to use commercially reasonable efforts to
recommence performance whenever and to whatever extent possible
without delay.
3. Upon the occurrence of a Force Majeure event, the Contractor shall
immediately notify the County by telephone and confirmed in writing within
two (2) days of the occurrence of a Force Majeure and shall describe in
reasonable detail the nature of the Force Majeure. If any Force Majeure
prevents the Contractor from performing its obligations for more than five (5)
days, the County may terminate this Contract.
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4. Strikes, slow-downs, walkouts, lockouts and individual disputes are not
excused under this provision.
Section 885: Dispute Resolution
1. In the event of a dispute arising under this Contract, the parties shall continue
performance of their respective obligations under this Contract and shall
attempt to resolve such dispute in a cooperative manner. If the parties are
unable to resolve the dispute, then, in addition to and without waiving any
rights and remedies under this Contract or under civil or common law, the
parties may voluntarily agree to arbitration pursuant to the terms of this
section.
2. Within fifteen (15) days after agreement to arbitration has been reached, each
party shall submit the name of its own arbitrator, selected from a panel of
persons qualified by the American Arbitration Association and the two
arbitrators shall select a third arbitrator from such panel within fifteen (15)
days thereafter, or in case of a disagreement concerning the appointment of
the third arbitrator, the third arbitrator shall be appointed from such panel by
the presiding judge of Richmond County Superior Court. During such time
that the arbitrators are being selected or appointed, the parties shall continue
to negotiate in good faith to resolve their dispute in a cooperative manner.
3. The arbitrators shall apply applicable provisions of Georgia law in reaching
their determination. The determination by the arbitrators shall be final and
binding on the parties, and any judgment upon the award rendered pursuant to
such arbitration may be entered in any court having jurisdiction thereof. The
County and Contractor shall use their best efforts to conclude all arbitration
proceedings involving fee and rate adjustment disputes within thirty (30) days
following the commencement of such arbitration proceedings. Any arbitration
determination granting an increase in fees or rates may include an award of
interest at the statutory rate until the date the increase becomes effective.
4. The arbitrators shall have the authority, but shall not be required, to award to
the prevailing party in the arbitration proceedings reasonable attorneys fees,
expert and non-expert witness costs and expenses, and all other reasonable
costs and expenses incurred directly or indirectly in connection with the
proceedings provided, however, the costs of the arbitrators shall be shared
equally by the parties.
Attachment number 2
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____________________________
___________________________________ Augusta, Georgia (Augusta-
Richmond County, Georgia)
By:__________________________
As its Mayor
Attest:
_________________________________
Clerk of Commission
The foregoing Contract is hereby executed by the below-listed parties:
Contractor:___________________
By:_________________________
As its:_______________________
Sworn to and subscribed before me this _____ day of
____________________, 2005.
_______________________________
Notary Public
My Commission Expires:__________________
Attachment number 2
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Example From Section 146
Assumptions
1. Cart rental rate in Exhibit B = $2.00
2. County elects to replace 250 carts.
3. Carts were received by the contractor on the 15th of the month.
Calculations
Proration Amount
1. ($2.00/31) = $.0645 (cents per day per cart)
2. ($.0645*15) = $.9675 (prorated amount per cart based on date received)
3. ($.9675*250) = $241.88 (amount owed based on prorated amount and the
number of carts)
Implementation Amount
1. ($.0645*14) = $.903 (prorated amount multiplied by allowed implementation
days)
2. ($.903*250) = $225.75 (amount owed based on 14 days implementation
multiplied by 250 carts)
Total owed to Contractor
$241.88 for prorated amount plus $225.75 for implementation period = $467.63
5. The County may ship the Contractor Carts which are assembled, unassembled,
in single, limited, or truckload quantity.
6. All cost(s) associated with assembly and delivery of said carts shall be that of
the Contractor.
Attachment number 2
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Exhibit A: Collection Area(s)
Attachment number 2
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Exhibit B: Rate Table
Services Twice per week Once per week
Garbage $7.69
Recycling $1.60
Yard Waste $3.75
Bulk Waste $0.59
Monthly Collections Cost $13.63
Additional Services Monthly
Cart Rental Fee (per garbage cart provided by Contractor)$1.25
Extra Garbage Collection (per additional cart serviced)$3.75
Extra Recycling Collection (per additional cart serviced)$1.00
Attachment number 2
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Exhibit C: Force Majeure Rate Table
Rate Rate Per
10 Yard Roll Off $195.00 Pull
20 Yard Roll Off $195.00 Pull
30 Yard Roll Off $195.00 Pull
40 Yard Roll Off $195.00 Pull
Regular Time Rate Overtime Rate Rate Per
15-24 Yard Rear Load (Driver and Helper)$175.00 $250.00 Hour
25 Yard or Larger Rear Load (Driver and Helper)$175.00 $250.00 Hour
15-24 Yard Side Load (Driver)$200.00 $275.00 Hour
25 Yard or Larger Side Load (Driver)$200.00 $275.00 Hour
25 Yard or Larger Front Load (Driver and work can)$200.00 $275.00 Hour
Additional Laborer (per person as requested)$35.00 $52.50 Hour
Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per
1 Bobcat w/operator $175.00 $250.00 Hour
2 Clam truck w/operator $175.00 $250.00 Hour
3 Roll-off truck w/driver $175.00 $250.00 Hour
4 Roll-off container rental $5.00 $5.00 Day
5 Roll-off container delivery $90.00 $90.00 Delivery
6 $0.00 $0.00
7 $0.00 $0.00
8 $0.00 $0.00
9 $0.00 $0.00
10 $0.00 $0.00
Attachment number 2
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Exhibit D: Eviction, Vacant Lot, Special Clean-up
Rate Rate Per
10 Yard Roll Off $165.00 Pull
20 Yard Roll Off $165.00 Pull
30 Yard Roll Off $165.00 Pull
40 Yard Roll Off $165.00 Pull
Regular Time Rate Overtime Rate Rate Per
Rear Load (Driver)$125.00 $175.00 Hour
Side Load (Driver)$150.00 $200.00 Hour
Front Load (Driver and work can)$150.00 $200.00 Hour
Additional Laborer (per person as requested)$25.00 $37.50 Hour
Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per
1 Bobcat w/operator*$125.00 $175.00 Hour
2 Clam truck w/operator*$125.00 $175.00 Hour
3 Roll-off truck w/driver $125.00 $175.00 Hour
4 Roll-off container delivery $80.00 $80.00 Delivery
5 Roll-off container rental $5.00 $5.00 Day
6 *Note: 4-hour minimum charge
7
8
9
10
Attachment number 2
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CORPORATE CERTIFICATE
I, ______________________________ certify that I am the Secretary of the corporation
named as Contractor in the attached Contract; that _______________________________
who signed said Contract on behalf of the Contractor was then _____________________
of said corporation; that said proposal was duly signed for and in behalf of said
corporation by authority of its Board of Directors, and is within the scope of its corporate
powers; that said corporation is organized under the laws of the State of
_________________________.
This ____ day of _______________,2005
Corporate
Secretary:______________________________________
(name signed)
________________________________________
(name printed or typed)
(SEAL)
Attachment number 2
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NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of ____________________ County of ____________
I, ________________________________ being first duly sworn, deposes and says that:
He or she is _______________________ of___________________, the Bidder that has
submitted the attached Bid:
He or she is fully informed respecting the preparation and contents of the attached Bid
and of all pertinent circumstances respecting such Bid.
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this Affiant, has in any way colluded,
conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person
to submit a collusive or sham Bid in connection with the Contract for which the attached
Bid has been submitted or to refrain from bidding in connection with such Contract, or
has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder, firm or person to fix the price or
prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost
element of the Bid price or the Bid price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City
of Augusta or any person interested in the proposed Contract; and
Continued to the next page
Attachment number 2
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The price or prices quoted in the attached Bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or
any of its agents, representatives, owners, employees, or parties in interest, including this
Affiant.
BIDDER:________________________________
By:_____________________________________
(name signed)
________________________________________
(name printed or typed)
Date:____________________________________
Subscribed and sworn to me this ____ day of _________________, 2005
NOTARY PUBLIC: _____________________________
(name signed)
______________________________________________
(name printed or typed)
Commission Expires: ____________________________
(SEAL)
Attachment number 2
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NONCOLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of______________________________
County of
I, ________________________________ being first duly sworn, deposes and says that:
1. He or she is ___________________________________________________
(Owner, Partner, Officer. Representative, or Agent)
RIBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBKHUHLQDIWHUUHIHUUHGWRDVWKH³6XEFRQWUDFWRU´
2. He or she is fully informed respecting the preparation and contents
of the SubcontractoU¶V3URSRVDOVXEPLWWHGE\WKH6XEFRQWUDFWRUWRBBBBBBBBBBBBB
the Contractor for certain work in connection with the _________________________
Contract pertaining to the Project in _____________________________
3. 6XFK6XEFRQWUDFWRU¶V3URSRVDOLVJHQXLQHand is not a collusive or sham Proposal;
4. Neither the Subcontractor nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, has in any way
colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm
or person to submit a collusive or sham Proposal in connection with such Contract or to
refrain from submitting a Proposal in connection with such Contract, or has in any
manner, directly or indirectly, sought by unlawful agreement or connivance with any RWKHU%LGGHUILUPRUSHUVRQWRIL[WKHSULFHRUSULFHVLQVDLG6XEFRQWUDFWRU¶V3URSRVDORU
to secure through collusion, conspiracy, connivance or unlawful agreement any
advantage against Augusta-Richmond County or any person interested in the proposed
Contract; and
5. 7KHSULFHRUSULFHVTXRWHGLQWKH6XEFRQWUDFWRU¶V3URSRVDODUHIDLUDQGSURSHUDQGDUH
not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of
the Bidder or any of its agents, representatives, owners, employees, or parties in interest,
including this affiant.
(Signed) ______________________________________
(Title)________________________________________
Subscribed and Sworn to before me this _________ day of _________, 2005
________________________________________
________________________________________ (Title)
My commission expires __________________________
(Date) (SEAL)
Attachment number 2
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NOTICE OF AWARD
To: Mark Odekirk ± Advanced Disposal Services Augusta, LLC
5734 Columbia Road
Grovetown, GA. 30813
Project Description: ³6ROLG:DVWH&ROOHFWLRQV&RQWUDFW´
The Owner has considered the Bid submitted by you for the above-described work in response to
its Invitation to Bid and Information from Bidders.
You are hereby notified that your Bid has been accepted for items in the amount
determined by the contract based on the financial bids submitted for this contract, which will
become a part of this Contract as Exhibit B, C, and D.
You are required by the Information for Bidders/Contract Documents to execute the Agreement
DQGIXUQLVKWKHUHTXLUHG&RQWUDFWRU¶V3HUIRUPDQFH%RQG3D\PHQW%RQGDQGFHUWLILFDWHVof
insurance within fifteen (15) calendar days prior to the start date of the contract. However, in any
FDVHD³1RWLFHWR3URFHHG´ZLOOQRWEHJLYHQXQWLOWKHDERYHPHQWLRQHGLWHPVDUHUHFHLYHG(DUO\
delivery of said documents will expedite the contracting process. Augusta recommends
VXEPLVVLRQRIWKHUHTXLUHGERQGVDQGLQVXUDQFHZLWKWKHH[HFXWHG³1RWLFHRI$ZDUG´7KHVH
items may have an effective date of January 1, 2006.
If you fail to execute said Contract within thirty (30) days from the date of this Notice, Augusta
will be entitled to consider all your rights arising out of the Counties acceptance of your Bid as
abandoned and such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the County.
Dated this 10th day of October, 2005.
Augusta-Richmond County_____________________________
By:_________________________________________________
Name and Title: Geri Sams, Director of Procurement_________
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by __________________ this the
_____ day of __________________,2005.
By: _____________________________________________
Name and Title: _____________________________________
Attachment number 2
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NOTICE TO PROCEED
To: Mark Odekirk ± Advanced Disposal Services Augusta, LLC
5734 Columbia Road
Grovetown, GA. 30813
Project Description: ³6olid Waste Collections Contract´
You are hereby notified to commence work in accordance with the contract dated
_______________, 2005, on or before January 1,2006 and you are to comply with all
terms, conditions, provisions, etc. as identified in the executed Contract.
Dated this ______day of___________________________,2005.
Augusta Richmond County___________________
By: _____________________________________
Name and Title:____________________________
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by________________
this the _____ day of ___________________, 2005.
By:__________________________________________
Name and Title:________________________________
Attachment number 2
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77
&(57,),&$7(2)$8*867$¶6 ATTORNEY
I, the undersigned, Stephen E. Shepard, the duly authorized and acting legal
representative of Augusta-Richmond County, do hereby certify as follows:
I have examined the attached Contract(s) and surety bonds and the manner of
execution thereof, and I am of the opinion that each of the aforesaid agreements
has been duly executed by the proper parties thereto acting through their duly
authorized representatives; that said representatives have full power and
authority to execute said agreements on behalf of the respective parties named
thereon; and that the foregoing agreements constitute valid and legally binding
obligations upon the parties executing the same in accordance with terms,
conditions and provisions thereof.
____________________________
(Signature)
Date:________________________
End of Contract
Attachment number 2
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Attachment number 3
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Attachment number 3
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Contents
A. Overview Page #
Section 5: Purpose and Intent 4
Section 10: Negotiation Costs 4
Section 15: Contract Term 4
Section 20: Incorporation of Exhibits 5
Section 25: Contract Limitations 5
Section 30: Definitions 5
Section 35: County Responsibilities 7
Section 40: &RQWUDFWRU¶V5HVSRQVLELOLWLHV 8
Section 45: Contractor¶s Representations and Warranties 8
Section 50: County Representations and Warranties 9
Section 55: OSHA and Georgia Law Compliance 10
Section 60: Vehicles Used in Collection 11
Section 62: Spare Vehicles 12
Section 65: One Vehicle One Purpose 12
Section 70: Disposal/Vehicle Inspections and Permits 13
Section 75: Vehicle Specifications 13
Section 80: Ownership of Equipment 14
Section 85: Asset Maintenance and Inventory 14
Section 90: Traffic Laws, Noise Control 14
Section 95: Contractor¶s Office 15
B. Collection Services
Section 100: Collection Area 16
Section 102: Days of Collection 16
Section 104: Garbage Collection 16
Section 106: Yard Waste Collection 17
Section 108: Recycling Collection 18
Section 110: Bulky Waste collection 19
Section 112: Additional Carts 20
Section 114: Place of Collection 20
Section 116: Collection from Additional Locations 21
Section 120: Force Majeure Clean Up 21
Section 122: Eviction, Vacant Lot, Special Clean-up 22
Section 124: County Clean Up Events 23
Section 126: Time of Collection 24
Section 128: Scheduling of Collection 24
Section 130: Work on County Property 25
Section 132: Disposal and Recycling Locations 25
Section 134: Ownership of Materials Collected 26
Section 136: Scavenging 26
Attachment number 4
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Section 138: Holiday Schedule 27
Section 140: Service Disruptions Due to Weather 27
Section 142: Service Disruptions ± Non Weather 27
Section 144: Missed and Make-up Collections 28
Section 146: Contract Carts 30
Section 148: Supplying Garbage Carts 30
Section 150: Supplying Recycling Bins 31
Section 152: Cart/Bin Storage 32
Section 154: Minimum Cart/Bin Percentage 33
Section 156: Cart/Bin Replacement Cost 33
Section 158: Delinquent and Closed Accounts 33
Section 160: Meetings and Communication 33
Section 162: Program Information During Contract Start-Up 34
Section 164: Program Information 35
C. Manner of Collection
Section 200: Contractor¶s Responsibility 36
Section 210: Employee Conduct 36
Section 220: Employee Uniforms 37
Section 230: Spillage 37
Section 240: Damage Claims 38
Section 250: Customer Grievances 38
D. Reporting Requirements
Section 300: Report/Information Specifications 39
E. Compensation
Section 400: Payment for Collection Services 40
Section 410: Payment Procedure 40
Section 420: Contract Unit Price 41
Section 430: Adjustments 41
Section 440: Wage Increases for Employees 42
Section 450: Withholding and Payment of Tax Liens and Judgments 42
F. Security, Liability, Damages
Section 500: Payment Bond 43
Section 510: Performance Bond 43
Section 520: Default of Contractor 44
Section 530: Commitment of Equipment 46
Section 540: Insurance 47
Section 550: Indemnity 50
Section 560: Liquidated Damages 50
Attachment number 4
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G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Employment Opportunity 53
Section 610: Equal Employment Opportunity ± Implementation 53
Section 620: Drug-Free Workplace 54
H. Operations Plan, Emergency Plan
Section 700: Operations Plan 56
Section 710: Emergency Plan 59
I. Ancillary Provisions
Section 800: Assignment of Pledge on Monies by the Contractor 59
Section 805: Assignment, Subcontracting, Delegation of Duties 59
Section 810: Audit and Inspection 60
Section 815: Contractor Will Not Sell or Disclose Data 60
Section 820: No Publicity 60
Section 825: Contract Rights 60
Section 830: Open Records Act 61
Section 835: Interpretation 61
Section 840: Law; Venue 61
Section 845: Discretionary Waiver of Right to a Jury Trial 61
Section 850: Specific Performance and Injunctive Relief 61
Section 855: Notices 61
Section 860: Severability 62
Section 865: Interest of the Parties 62
Section 870: No Bribery 62
Section 875: Change in Control 62
Section 880: Force Majeure 63
Section 885: Dispute Resolution 64
Other Items
Signature page 65
Example from section 146 66
Exhibits 67
End of Contract 77
Attachment number 4
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SOLID WASTE COLLECTION CONTRACT
BETWEEN AUGUSTA, GEORGIA (AUGUSTA RICHMOND COUNTY)
AND AUGUSTA DISPOSAL & RECYCLING, INC.
This solid waste collection Contract is entered into by and between, Augusta,
Georgia, a consolidated local government, which is both a municipal corporation
and a County, being a political subdivision of the State of Georgia, [by and through
Augusta Richmond County¶V Solid Waste Department] KHUHLQDIWHU ³&RXQW\´ RU
³Augusta´ and Augusta Disposal & Recycling, Inc. RI $XJXVWD ³&RQWUDFWRU´ WR
provide for Garbage, Yard Waste, Recycling and Bulky Waste collections from
Units located within the Collection Area (as hereinafter defined).
The parties, in consideration of the promises, representations and warranties
contained herein, agree as follows:
A. Overview
Section 5. Purpose and Intent ± Legal Relationship of Parties
This Contract creates the legal relationship of independent Contractor by and between
Augusta Disposal & Recycling, Inc. and the ³&RXQW\´
This Contract engages Augusta Disposal & Recycling, Inc. of Augusta to collect
Garbage, Yard Waste, Recycling and Bulky Waste from Units within the Collection
Area.
Section 10. Negotiation Costs
The Contractor shall bear its own cost of negotiating this Contract and developing all
required materials. The County shall not be charged for any services or other work
performed prior to the Start Date.
Section 15. Contract Term
This Contract is entered into on this _____ day of ________________, 2005 ³(IIHFWLYH'DWH´ . The collection services will begin on January 1, 2006 (³Start Date´) and continue
for a term of five (5) years, ending at Midnight December 31, 2010. The County and
Contractor through mutual agreement may extend this Contract for two (2) successive
one (1) year periods. The County must provide Contractor a minimum of 90 days notice
of its intent to extend the Contract. If the County extends this Contract, the same terms,
conditions, and methods of payment shall apply during the extension period.
&RXQW\¶VSD\PHQWREOLJDWLRQKereunder for succeeding fiscal periods shall be subject to
availability and appropriation of funds. In the event County does not appropriate funds,
at the beginning of a fiscal year for this Contract, said Contract shall terminate.
Attachment number 4
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Section 20: Incorporation of Exhibits
1. The Contractor and the County acknowledge and agree that each of the
following exhibits is attached to this Contract and is incorporated into and
made a part of this Contract by reference:
Exhibit A: Collection Area
Exhibit B: Rate Table
Exhibit C: Force Majeure Rate Table
Exhibit D: Eviction/Vacant Lot Rate Table
2. If there is a conflict between any exhibit and the Contract, the provisions of
the exhibit shall prevail.
Section 25: Contract Limitations
At the time of award, the Contractor shall not be awarded or have control of more than
50% of the total number of Units.
During the term of the agreement, no Contractor shall have control of more than fifty
percent (50%) of the total number of Units. An exception will be made for natural
population growth within a Collection Area.
Section 30. Definitions
In addition to Capitalized terms that are defined elsewhere, the following meanings
apply:
Bins: A water-tight plastic container that is provided by the County, that
shall not be less than 65 gallons in capacity, fitted with a sturdy
handle, roll able and a tight fitting lid, for the purpose of collecting
Recycling.
Bulky Waste: Refers to furniture, appliances, tires, and other items too large to be
reasonably placed into a Cart as defined herein with a size limit of,
not larger than five (5) feet in length, five (5) feet in height and ten
(10) feet in width. Construction debris shall be limited to an
amount that is equal to 25% of the allowable pile by volume.
C&D: Construction/Demolition waste means waste of building materials
and rubble resulting from construction, remodeling, repair and
demolition operations on pavements, houses and other structures.
Such wastes include but are not limited to wood, lumber, wall
Attachment number 4
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board, concrete, brick, metals, and other items attributed to
construction and demolition.
Cart: A water-tight plastic container that is provided by the Contractor,
that shall not be less than 95 gallons in capacity, fitted with a
sturdy handle, roll able and a tight fitting lid, for the purpose of
collecting Garbage.
County: Augusta, Georgia (Augusta-Richmond County, Georgia)
Collection Area: The physical area for which the Contractor has been contracted to
provide services to.
Contractor: Individual or firm contracted to provide services under this
Contract.
Contract: Document containing all provisions and specification that Augusta
and the Contractor must abide by and/or meet.
Garbage: All discarded waste, food, paper, glass, plastic, leather, textiles,
cans, and/or other materials normally associated with common
household waste.
Handicapped/
Special Needs: Individual(s) who can provide verifiable proof of a disability, a
limitation, or a special need which limits their ability to place
waste to the curb or right of way.
Hazardous Waste: Refers to Hazardous Waste, which is defined and published in the
Georgia Hazardous Waste Management Act (Official Code of
Georgia Annotated § 12-8-61, et. seq.) and incorporated herein by
reference. Hazardous Waste is potentially dangerous by-products
of our highly industrialized society, which cannot be handled,
treated, or disposed of without special precautions. Hazardous
Waste includes, but is not limited to, ignitable, corrosive, reactive,
and toxic wastes such as acetone, gasoline and industrial alcohols,
alkaline cleaners, acids, cyanide and chlorine, arsenic, pesticide
wastes, paint, caustics, infected materials, offal, fecal matter
(human and animal) and explosives. Hazardous Waste does not
include solid waste that is Household Waste, including household
waste that has been collected, transported, stored, treated,
disposed, recovered (e.g. refused-derived fuel) or reused, all as
defined by the Georgia Hazardous Waste Management Act.
Holiday Overloads: Extra waste generated in association with a Federal, State, or
Locally recognized holiday.
Attachment number 4
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Red Tag: A notification given to the customer for the purposes of
informing/educating with the intent of eliminating future issues
related to collections of Garbage, Recycling, Yard Waste, and
Bulky Waste.
Recycling: Refers to paper, cardboard, newspaper, plastic, aluminum, bi-
metal, steel, tin, and other items determined to be recyclable by the
County.
Section: A defined subset of customers within the Collection Area.
Tire: Any rubber cushioning from a wheel which will include
automobiles, trucks, bicycles, and other small vehicles, not to
exceed seventeen (17) inches.
Unit: A location approved to have the service(s) under this Contract.
Yard Waste: Plant material (leaves, grass clippings, branches, brush, flowers,
roots, wood waste, etc.); debris commonly thrown away in the
course of maintaining yards and gardens, including sod; and
biodegradable waste as approved by the County, but excludes
loose soil, Garbage, food waste, plastics, synthetic fibers, lumber,
human or animal excrement, or soil contaminated with hazardous
substances.
Section 35: County Responsibilities
The County shall be responsible for:
1. Making timely payments required by this Contract.
2. Inspecting Contractor performance, mediating and adjusting customer
grievances. The County may require special and other services as
contemplated in this Contract.
3. Specifying each FXVWRPHU¶V level and type of collection service.
4. Supply Carts and/or Bins as defined by this agreement.
5. Pay disposal costs as defined by this agreement.
Attachment number 4
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Section 40: Contractor¶s Responsibilities
The Contractor shall be responsible for:
1. Furnishing all skilled labor, equipment, materials, supplies and utility services
required for providing all services in accordance with this Contract unless
otherwise noted within the Contract.
2. All actions and activities of its subcontractors.
3. Supplying all records, reports, and information required by this Contract.
4. Securing at Contractor¶s expense, all governmental permits and licenses and
required regulatory approvals (including all required by County Ordinances).
5. Timely paying of all applicable taxes.
6. Complying with applicable laws and regulations.
7. Performing all work in a timely, professional manner.
8. All wage increases for Contractor¶s collectors or other employees, any
benefits or added costs resulting from changes in technology, laws,
regulations, labor, supplies, practices, availability of equipment, and other
business risks that may affect the performance of this Contract.
a. Should there be an extraordinary change in a law(s), rules, or regulations
related to fuel taxes, disposal fees, or the addition or imposition of solid
waste fees or taxes on services that impact the true cost of this contract,
the Contractor and/or the County shall have the right to petition for an
equitable adjustment.
Section 45: Contractors Representations and Warranties
1. Organization and Qualification. The Contractor is duly incorporated or
otherwise legally organized and, validly existing and in good standing under
the laws of the State of Georgia, and has all requisite power and authority to
enter into and perform its obligations under this Contract.
2. Authority.
a. The Contractor has the authority to execute this Contract, to make the
representations and warranties set forth in it and is appropriately skilled,
organized and financially able to perform the obligations of Contractor
under this Contract in accordance with its terms.
Attachment number 4
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b. This Contract has been validly executed by the authorized representatives
of the Contractor and constitutes a legally binding, enforceable obligation
of Contractor.
3. Government Authorizations and Consents. The Contractor has or will obtain
prior to the commencement date such licenses, permits, and other
authorizations from federal, state, and other governmental authorities, as are
necessary for the performance of its obligations under this Contract.
4. Compliance With Laws. The Contractor is not in violation of any applicable
law, ordinance or regulation, the consequence of which will or may materially
affect Contractor¶s ability to perform its obligations under this Contract. The
Contractor is not subject to any order or judgment of any court, tribunal, or
governmental agency which could materially and adversely affects its
operations or assets in the State of Georgia, or its ability to perform its
obligations under this Contract.
5. Accuracy of Information. None of the representations or warranties in this
Contract and none of the documents, statements, certificates or schedules
furnished or to be furnished by Contractor pursuant hereto or in connection
with the performance of the obligations contemplated under this Contract,
contains or will contain any untrue statement of a material fact or omits or will
omit to state a material fact necessary to make the statements of fact contained
therein not misleading.
6. Independent Examination. In accepting these responsibilities, the Contractor
represents and affirms that it has made its own examination of all conditions,
facilities, and properties affecting the performance of this Contract and of the
quantity and expense of labor, equipment, materials needed, and of applicable
taxes permits and laws. The Contractor affirms that within the Collection
Area/Section(s) it is aware of the present placement of collection Carts at the
curb, alley, or backyard locations, and the present location of
Handicapped/Special Needs customers. The Contractor represents and
warranties that it is capable of continuing to collect Carts from their present
locations.
Section 50: County Representations and Warranties
The County represents and warrants to the Contractor as follows:
1. Organization and Qualification. The County is a political subdivision of the
State of Georgia and has all requisite corporate power and authority to enter
into and perform its obligations under this Contract.
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2. Authority.
a. The County has the authority to execute this Contract, to make the
representations and warranties set forth in it and to perform the obligations
of the County under this Contract in accordance with its terms.
b. This Contract has been validly executed and constitutes a legally binding
and enforceable obligation of the County.
3. Government Authorizations and Consents. The County has such licenses,
permits and other authorizations, as are necessary for the performance of its
obligations under this Contract, and no consent, approval, or authorization of
or declaration, registration or filing with any governmental or regulatory body
is required to be obtained or made by the County as a prerequisite to its
execution of this Contract or its performance of its obligations contemplated
hereby.
4. Compliance With Laws. The County is not in violation of any applicable law,
ordinance or regulation, the consequence of which will or may materially
affect the CounW\¶VDELOLW\WRSHUIRUPLWVREOLJDWLRQVXQGHUWKLV&RQWUDFW7KH
County is not subject to any order or judgment of any court, tribunal, or
governmental agency which materially and adversely affects its operations or
its ability to perform its obligations under this Contract.
5. Accuracy of Information. None of the representations or warranties in this
Contract and none of the documents, statements, certificates or schedules
furnished or to be furnished by the County pursuant hereto or in connection
with the performance of the obligations contemplated under this Contract,
contains or will contain any untrue statement of a material fact or omits or will
omit to state a material fact necessary to make the statements of fact contained
therein not misleading.
Section 55: OSHA & Georgia Law Compliance ± Health & Environmental
1. The Contractor shall comply with the Federal Occupational Safety and Health
Act of 1970, as amended (OSHA) and the Official Code of Georgia and with
the standards and regulations issued to implement these statutes from time to
time.
2. The Contractor is also responsible for meeting all pertinent local, state and
federal health, safety and environmental laws, regulations, and standards
applying to collection of Garbage, Yard Waste, Recycling and Bulky Waste.
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Section 60: Vehicles Used in Collection
1. All vehicles used for collection shall be registered with the State of Georgia
Department of Motor Vehicles, and shall be kept in a clean and sanitary
condition and a state of good appearance and repair, and shall be painted in a
uniform manner.
2. All collection vehicles shall be painted by Contractor in Contractor¶s color(s).
Color(s) and color schemes are subject to approval by the County, in its
reasonable discretion. Vehicles shall be uniquely numbered. &RQWUDFWRU¶V
name and vehicle number shall be painted in a contrasting color, at least four
inches high on each side of the vehicle and on the rear of the vehicle. The
Contractor shall place a sign and/or text as determined by the County, which
may include a County customer service telephone number on all collection
vehicles on each side and the rear of the vehicle. All collection vehicles shall
be kept in a clean and sanitary condition.
3. All collection vehicles or personnel must be equipped with a communication
device (i.e. cell phone or radio) which allows for immediate communication
between the collection vehicle and a supervisor, and/or the &RQWUDFWRU¶V
office.
4. Collection vehicles shall be sufficient to service all participating Units for
which they are intended to service at the frequency of collection specified and
able to handle special requirements of the Contract including adverse weather
and holiday overloads.
5. All vehicles used by management personnel, including route supervisors,
operations manager, etc. shall be equipped with cell phones with voice mail so
that they can be contacted by the County.
6. All vehicles operated under the authority of this Contract shall be driven in
compliance with Uniform Rules of the Road and Georgia State traffic laws
and, where applicable, the County¶Vcodes, ordinances, and rules.
7. TKH &RQWUDFWRU¶V FROOHFWLRQ YHKLFOHV VKDOO EH XVHG RQO\ RQ WKLV &RQWUDFW,
unless advanced written approval is given by the County. The Contractor may
use collection vehicles from other sources or use Contract vehicles for other
operations only with the prior written approval of the County. Should the
County authorize either of the above mentioned approvals, at no time may
non-contract waste be included with Contract waste. This provision is subject
to Section 560.
8. The Contractor shall not park or store any collection vehicles on County
property. Should the County identify that a vehicle violates this provision; the
Contractor shall be notified by phone, fax, or e-mail. Should the vehicle not
be removed in a reasonable period, or should the vehicle become a nuisance, a
safety issue, or an operational issue, the vehicle will be towed out of the way
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or to the Contractors shop, at the Counties discretion, at the sole expense of
the Contractor. Said expense will be deducted from the amount owed to the
Contractor for the current month.
9. The Contractor shall make a reasonable effort to empty each collection
vehicle at the end of each day.
Section 62: Spare Vehicles
1. The Contractor shall have a minimum spare ratio sufficient to provide quality
service under this Contract. Spare vehicles shall be allowed to collect from
any route, collecting any material. Spare vehicles shall meet the appropriate
standards set forth herein for normal vehicles. Spare vehicles will be counted
toward the average age of the fleet.
2. The Contractor shall be responsible for ensuring that spare assets are available
for each subcontractor to meet the above stated standard.
3. When a spare vehicle is used, notification to the County must be received in
advance. The advanced notice shall include at a minimum, the date, truck
number, route it will be servicing, and commodity serviced. Other
information may be reasonably requested by the County. Advance notice type
shall be by fax or e-mail, or other reasonable communications as determined
by the County.
Section 65: One Vehicle One Purpose
Under this Contract, each collection vehicle shall be designated to collect one (1) type of
material such as Garbage, Yard Waste, Recycling, or Bulky Waste. The collection
vehicle may not be allowed to switch commodities collected without the prior written
approval of the County.
Consideration will be given to Contractors wishing to:
1. Utilize multi-collection type vehicles.
2. Technology and/or processing advances.
3. Bulky waste collections, as long as materials are acceptable at the appropriate
disposal site.
4. Improve utilization of assets.
5. Other considerations as may arise.
$Q\ FRQVLGHUDWLRQ UHTXHVW PXVW EH PDGH LQ ZULWLQJ 7KH &RXQW\¶V GHFLVLRQ WR WKH
consideration request shall be final and binding.
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Section 70: Disposal/Vehicle Inspections and Permits
1. The Contractor is responsible for any and all fees associated with disposal
permits, inspection fees, truck stickers, etc. These permits shall be timely
obtained and/or posted and/or may be required by a solid waste disposal site, a
licensing authority, a government, by truck, by commodity or some other
item or combination.
2. The County landfill will charge a one hundred dollar ($100) annual fee for
each disposal sticker required.
3. Prior to the Start Date, and annually thereafter, the County shall have the right
to inspect all vehicles used to perform the Contract. The vehicle shall, at a
minimum, meet the Federal Department of Transportation standards, as well
as requirements listed in this Contract. A fee or reimbursement may be
collected from the Contractor for each individual inspection in an amount not
to exceed one hundred and fifty dollars ($150) per inspection. Should a
vehicle not pass inspection, the Contractor shall remedy any inspection
deficiency identified and have the vehicle re-inspected. All expenses
associated with the repair and re-inspection shall be the sole responsibility of
the Contractor.
4. The County may do random spot inspections as it deems reasonably
necessary.
5. Should the vehicle not pass inspection, the vehicle shall not be used under this
Contract until the vehicle has been repaired and passes such re-inspection.
Section 75: Vehicle Specifications
1. On or before the Start Date of this Contract, all vehicles used in collections
shall be in good operating order. All collection equipment used under this
Contract shall meet all applicable state and federal safety standards.
2. At no time shall the average age of vehicles used in the collection Contract
exceed five (5) years in age for any Contractor, the subcontractors vehicles are
attributed to the Contractor's fleet.
3. Should a vehicle use a cart tipper/dumper, it shall be designed to empty carts
pursuant to ANSI Z245.60-1999 and ANSI Z245.30-1999. Cart
tippers/dumpers which do not meet this requirement shall not be used. If a
cart tipper/dumper is used that does not meet the above mentioned
specification, the Contractor shall be responsible for all damages to Carts to
include the cost of repair or replacement.
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4. All collections vehicles used to perform functions under this Contract shall be
equipped with the following in complete and sound working order:
a. Ambient noise back-up alarm.
b. Back-up camera with monitor visible from any driving position.
c. A 10 pound fire extinguisher.
d. A first aid kit.
e. Minimum of three safety marking devices (flares, or reflective triangles).
f. A rear-mounted strobe light activated while collecting materials.
g. Spill kit of a size to handle operational spills.
5. All supervisors vehicles used to perform functions under the Contract shall be
equipped with the following in complete and sound working order:
a. A 10 pound fire extinguisher.
b. A first aid kit.
c. Minimum of three safety marking devices (flares, or reflective triangles).
d. Spill kit of a size to handle operational spills.
Section 80: Ownership of Equipment
1. All vehicles, facilities, equipment, and property used in the performance of
this Contract shall be wholly owned by the Contractor, provided, that leases,
conditional sales contracts, mortgages, or other agreements for the use or
financing the purchase of vehicles, facilities, equipment, and property may be
allowed with the prior written approval of the County.
2. No further encumbrance shall be placed upon any such vehicles, facilities,
equipment, and property without the prior written approval of the County.
Section 85: Asset Maintenance and Inventory
The Contractor shall provide the County, prior to the Start Date, a complete inventory
showing property, buildings, key assets, and each vehicle (make, model, type, capacity,
age, commodity collected, truck number, and VIN) used for performing the Contract.
The Contractor may change equipment from time to time with the prior written approval
of the County, not to be unreasonably withheld. The Contractor shall maintain assets and
a vehicular fleet during the performance of the Contract at least equal substantially to that
described in the inventory.
Section 90: Traffic Laws, Noise Control
All vehicles must operate in conformity with all federal, state and local laws, rules, or
ordinances related to traffic and noise control.
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Section 95: Contractor¶s Office
The Contractor shall maintain within fifteen (15) miles of Augusta, Georgia (Augusta-
Richmond County) an office with local telephone service and such staff as needed to
receive and respond to complaints, requests for missed collections, and other
coordination with citizens and County staff. Phone service shall include phone lines and
voice mail adequate to handle the citizens¶ and the Count\¶V demand as reasonably
necessary, cable modem internet access or equivalent speed, as well as designated e-mail
account(s) to be used with this Contract. Any voice message or e-mail shall be responded
to/UHWXUQHGE\WKH&RQWUDFWRU¶VRIILFHVWDIIZLWKLQVL[W\ PLQXWHV2IILFHKRXUVVKDOO
be 8:00 a.m. to 5:00 p.m., Monday through Friday. The office shall be open 8:00 a.m. to
noon any Saturday after a holiday, or on any Saturday that a regularly scheduled route is
operated. The Contractor shall also provide a local telephone number where the
Contractor may be contacted at any time by the County.
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B. Collection Services
Section 100: Collection Area
The Contractor shall provide all collection services called for in this Contract within the
following area:
See Exhibit A for a general overview of the Collection Area(s), however;
The County will assign and the Contractor will retain their currently awarded/designated
Collection Areas. For Contractors utilizing subcontractors, the subcontractor(s)
Collection Areas/Sections may not be altered from their existing state without the prior
written approval of the County.
The County reserves the right to request and/or negotiate with the Contractors to
swap/exchange portions of Collection Areas throughout the life of this Contract.
Section 102: Days of Collection
The Contractor shall make all collections on the days of Monday through Friday, or as
otherwise required by County due to the nature of the services provided. Any deviations
to this shall have prior written approval from the County, and the County shall have the
final and sole decision.
Section 104: Garbage Collection
Garbage shall be collected twice weekly on a set schedule:
1. The Contractor shall collect the following materials as Garbage: All
discarded waste, food, paper, glass, plastic, leather, textiles, cans, and/or other
materials normally associated with household waste.
2. The Contractor shall collect Garbage from designated Units which have been
placed in the appropriate Cart for collection.
3. The Contractor and the County may by mutual agreement establish other
reasonable specifications regulating the size, quantity, configuration, and
placement of Garbage eligible for collection.
4. The Contractor shall exercise good faith to ensure that Yard Waste and/or
Recycling materials which a customer has properly segregated are not placed
in the collection vehicle that collects Garbage. Intentional disposal of Yard
Waste and/or Recycling with Garbage shall be subject to Section 560 of this
Contract.
5. The Contractor shall collect Garbage which is placed for collections that are in
accordance with thLV&RQWUDFW,WVKDOOEHWKH&RQWUDFWRU¶Vresponsibility to
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give notice to the County staff if it believes Garbage is not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
the County about a specific Unit(s) that it believes does not meet the
conditions of the first sentence of this paragraph than it shall be the
Contractors responsibility to collect all such Garbage from such Units(s) as if
it was disposed of properly pursuant to the terms of this Contract.
6. If Garbage is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 106: Yard Waste Collection
1. Yard Waste shall be collected once every week with the first Garbage
collection of the week for the same Units.
2. The Contractor shall collect the following materials as Yard Waste: plant
material (leaves, grass clippings, branches, brush, flowers, roots, wood waste,
etc.); debris commonly thrown away in the course of maintaining yards and
gardens, including sod; and biodegradable waste as approved by the County.
The Contractor shall not collect as Yard Waste loose soil, Garbage, food
waste, plastics, synthetic fibers, lumber, human or animal excrement, or soil
contaminated with hazardous substances.
3. The Contractor shall collect Yard Waste from designated Units which have
been placed in piles, bundles, marked, identified, or open top cans or in a kraft
paper bag not to exceed 32 gallons in capacity. The Contractor shall not
collect Yard Waste cans, kraft bags or bundles that are in excess of fifty (50)
pounds each. The Contractor shall not collect Yard Waste that has been
placed in plastic bags. Christmas trees will be eligible for collection as Yard
Waste, and are not required to meet the above stated standards so long as
lights and decorations have been removed.
4. The Contractor shall collect all Yard Waste with size limits of, not larger than
five (5) inches in diameter nor longer than five (5) feet, and stacked in piles
not to exceed five (5) feet in height, five (5) feet in width and 10 feet in depth.
5. The Contractor and the County may by mutual agreement establish other
reasonable specifications regulating the size, quantity, configuration, and
placement of Yard Waste eligible for collection.
6. The Contractor shall exercise good faith to ensure that non Yard Waste
materials are not placed in the collection vehicle. The Contractor shall not
knowingly collect Yard Waste contaminated by fecal matter, unsegregated
Garbage, hazardous substances or other ineligible material.
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7. The Contractor shall collect Yard Waste which is placed for collections that
DUH LQ DFFRUGDQFH ZLWK WKLV &RQWUDFW ,W VKDOO EH WKH &RQWUDFWRU¶V
responsibility to give notice to the County staff if it believes Yard Waste is not
prepared and/or located per the Contract specifications. Should the Contractor
fail to notify the County about a specific Unit(s) that it believes does not meet
the conditions of the first sentence of this paragraph than it shall be the
Contractors responsibility to collect all such Yard Waste from such Units(s) as
if it was disposed of properly pursuant to the terms of this Contract.
8. If Yard Waste is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 108: Recycling Collection
1. Recyclables shall be collected once every week with the second Garbage
collection of the week for the same Units on a set schedule.
2. The Contractor shall collect the following materials as Recycling: paper,
cardboard, newspaper, plastic, aluminum, bi-metal, steel, tin, and other items
determined to be recyclable by the County.
3. The Contractor shall collect Recycling from designated Units which has been
placed in the appropriate Bin for collection.
4. The Contractor and the County may by mutual agreement establish reasonable
specifications regulating the size, quantity, configuration, and placement of
Recycling eligible for collection.
5. The Contractor shall use reasonable efforts to ensure that non-recyclable
materials are not placed in the collection vehicle. The Contractor shall not
knowingly collect Recycling containing unsegregated Garbage, Yard Waste,
hazardous substances or other ineligible material.
6. The Contractor shall collect Recycling which is placed for collections in
accoUGDQFHZLWKWKLV&RQWUDFW,WVKDOOEHWKH&RQWUDFWRU¶VUHVSRQVLELOLW\WR
give notice to the County staff if it believes Recycling is not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
the County about a specific Unit(s) that it believes does not meet the
conditions of the first sentence of this paragraph than it shall be the
Contractors responsibility to collect all such Recycling from such Units(s) as
if it was disposed of properly pursuant to the terms of this Contract.
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7. If Recycling is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 110: Bulky Waste Collection
1. Bulky Waste shall be collected once every week with the second Garbage
collection of the week for the same Units on a set schedule.
2. Bulky Waste refers to furniture, appliances, tires, and other items too large to
be reasonably placed into a Cart as defined herein with a size limit of, not
longer than five (5) feet, and stacked in piles not to exceed five (5) feet in
height, five (5) feet in width and 10 feet in depth, or equivalent volume.
Construction debris shall be limited to an amount that is equal to 25% of the
allowable pile by volume.
3. The Contractor shall collect Bulky Waste from designated Units which have
been placed to the curb for collection.
4. The Contractor and the County may by mutual agreement establish reasonable
specifications regulating the size, quantity , configuration, and placement of
Bulky Waste eligible for collection.
5. The Contractor shall use reasonable efforts to ensure that non Bulky Waste
materials are not placed in the collection vehicle. The Contractor shall not
collect Bulky Waste containing unsegregated Garbage, Yard Waste,
hazardous substances or other ineligible material.
6. No more than two (2) tires shall be collected from any single Unit per
collection.
7. Prior to disposal of any item containing refrigerant, the Contractor shall have
had the refrigerant removed/properly recycled by a licensed company in
business to do such work. Such proof may be required by a disposal facility,
or the County.
The removal/properly recycling of refrigerant shall be at the sole cost of the
Contractor.
8. The Contractor shall collect Bulky Waste which is placed for collections that
DUH LQ DFFRUGDQFH ZLWK WKLV &RQWUDFW ,W VKDOO EH WKH &RQWUDFWRU¶V
responsibility to give notice to the County staff if it believes Bulky Waste is
not prepared and/or located per the Contract specifications. Should the
Contractor fail to notify the County about a specific Unit(s) that it believes
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does not meet the conditions of the first sentence of this paragraph than it shall
be the Contractors responsibility to collect all such Bulky Waste from such
Units(s) as if it was disposed of properly pursuant to the terms of this
Contract.
9. If Bulky Waste is left uncollected, the Contractor will leave an explanation
(red tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 112: Additional Carts
1. The residents of the Contract Area may request one or more additional Carts
and/or Bins from the Contractor for an additional volume of collection.
2. The Contractor will be paid for extra Carts at the rate specified in Exhibit B.
3. All additional Carts and/or Bins must be approved by the County prior to
being delivered.
Section 114: Place of Collection
1. The normal collection point for Garbage, Yard Waste, Recycling and Bulky
Waste shall be at curbside or at the right of way. Special arrangements may
be made by both the County and the Contractor on a case-by-case basis to
accommodate extraordinary situations.
2. The County on a case-by-case basis may require alley collection. If alley
collection is required, the County will work reasonably with the Contractor
and the affected customer(s) to get all services to the alley to prevent
collection from both the alley and the street.
3. The County shall monitor any collection routes or a portion of a route on a
regular basis to determine if the Contractor is placing Carts/Bins back in their
original locations in a neat and orderly manner after collection. Carts/Bins
shall be carefully handled by the Contractor and shall be thoroughly emptied
and left substantially near to the location where it was found and standing
upright This work shall be done in a sanitary manner and the Collector shall
immediately pick up any waste spilled by the Contractor.
4. The Contractor shall provide special service(s) for those individuals who are
unable to place their Carts/Bins out for collection in the usual manner due to
being Handicapped/Special Needs at a place mutually agreeable between the
County and the Contractor. Any dispute over the correct placement for
individuals Handicapped/Special Needs will be finally determined by the
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County. In the event that the Contractor is to provide back door service, the
property owner must sign a waiver of liability and return it to the Contractor
and the County.
5. If it would appear to a reasonable person that the Contractor is not placing
Carts/Bins back substantially near their original locations in a neat and orderly
manner, the Carts/Bins upright, and thoroughly emptied then the Contractor
could face damages as stated in Section 560 Liquidated Damages.
Section 116: Collection from Additional Locations
The County may add additional collection points within the Collection Area at its sole
option. This could include items such as County Cans, Bus Stops, Businesses, County
Buildings, or any other locations as directed by the County.
Areas of the County that were not included in the awarded Collection $UHD¶VPD\EH
added to an awarded Collection Area at a later date.
Should services be required that are not called for in this Contract, the Contractor and the
County may negotiate to provide said services at a negotiated service level and cost.
Section 120: Force Majeure Clean Up
1. The trigger event for this section shall be when the following items are all
met:
a. The County enacts the Emergency Management Center and;
b. The Contractor is asked to provide services above and beyond the services
normally provided for by this Contract.
2. In the event of a Force Majeure that requires clean up, the County must make
all requests in writing. The Contractor shall have twenty-four (24) hours after
receipt of written notice to start the clean-up project unless Contractor can
demonstrate the timeline is unreasonable and shall finish such project within a
reasonable time.
3. The Contractor will be paid at the rate(s) specified in Exhibit C of this
Contract.
4. Under this provision, the County may alter the specifications of the Garbage,
Recycling, Yard Waste, and Bulky Waste to fit the needs of the situation.
5. The County at its sole option may authorize the Contractor to temporarily
discontinue one type of service to provide additional resources to other service
types.
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6. The Contractor shall document the resources used, time to collect, volume
and/or weight, or other statistical data as requested for each assigned project
as requested by the County.
7. 7RHVWDEOLVK³QRUPDOYROXPHV´, the County will average the previous three (3)
months tonnages hauled for the specific commodities prior to the event. Then
subtract that from the total Force Majeure Clean Up volumes for each month
of the clean up. This will determine the additional volumes collected, and the
monthly event tonnage that will be paid for the monthly amounts above the
three prior PRQWK¶V average.
8. Should the County decide to discontinue one type of service and replace it
with another; the discontinued services average volumes for the previous three
(3) months will be deducted from the Force Majeure volumes to accurately
reflect the increased volumes due to the event.
Section 122: Eviction, Vacant Lot, Special Clean-up
1. The County may require the Contractor to collect from an eviction. If the
materials are not in compliance with other provisions of this Contract the
Contractor will be paid at the rate specified in Appendix D of this Contract.
2. The County may require the Contractor to collect from a vacant lot. If the
Contractor collects waste from a vacant lot, the Contractor will be paid at the
rate specified in Appendix D of this Contract.
3. The County may require the Contractor to collect waste from a property as a
special clean-up. If the Contractor collects waste under this provision, the
Contractor will be paid at the rate specified in Appendix D of this Contract.
4. All materials under this section will be placed to the curb for collection.
5. The County shall make all requests in writing under this section. The
Contractor shall have twenty-four (24) hours from receiving the request to
collect said materials.
6. The Contractor shall document the resources used, time to collect, volume
and/or weight, or other statistical data as requested for each assigned project
as requested by the County.
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Section 124: County Clean-up Events
During the term hereof, Contractor shall provide the following Clean-up events at no
additional charges:
1. Summer Neighborhood ± In the Month of June, the Contractor shall provide
unlimited collection of Garbage, Yard Waste, Recycling and Bulky Waste so
long as the following is met:
a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
b. Contractor shall collect Yard Waste which has been placed in piles,
bundles, marked, identified, or open top cans or in a kraft paper bag not to
exceed 32 gallons in capacity. The Contractor shall not collect Yard
Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds
each.
The Contractor shall not collect Yard Waste that has been placed in plastic
bags, exceeds a maximum length of (5) feet and/or has a diameter greater
than 5 inches.
2. Winter Neighborhood ± In the Month of January, excluding the first year of
the Contract, the Contractor shall provide unlimited collection of Garbage,
Yard Waste, Recycling and Bulky Waste so long as the following is met:
a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
b. Contractor shall collect Yard Waste which has been placed in piles,
bundles, marked, identified, or open top cans or in a kraft paper bag not to
exceed 32 gallons in capacity. The Contractor shall not collect Yard
Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds
each.
The Contractor shall not collect Yard Waste that has been placed in plastic
bags, exceeds a maximum length of (5) feet and/or has a diameter greater
than 5 inches.
3. Masters Event ± In the full week preceding, during and after the Masters Golf
Tournament, an unlimited amount of Garbage shall be collected so long as the
following is met:
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a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
Section 126: Time of Collection
The Contractor shall make collections between 6:00 a.m. and 6:00 p.m. Monday through
Friday, and 6:00 a.m. to 12:00 p.m. on Saturday if a route is run on that day unless the
County authorizes an extension of hours. Such authorizations must be in writing and be
prior to any extended hours of operation.
An additional extension of hours will be granted on the Saturday following a holiday that
is acknowledged in the Contract (Section 138). Those collection hours shall be 6:00 am
to 6:00 p.m.
Section 128: Scheduling of Collection
1. For collection of Garbage, the Contractor shall divide the Collection Area into
two reasonably equal collection sectors, with one sector to be collected each
Monday and Thursday, and the other sector collected each Tuesday and
Friday.
2. The two collection sectors shall be bounded by natural boundaries, such as
bodies of water, major highways or arterials when at all possible. Any
boundaries that are on secondary or residential roads shall be divided on the
back of property lines to ensure both sides of the street are collected on the
same day and route. Collections shall be made from Units on a regular
schedule on the same day at approximately the same time.
3. Not less than thirty (30) days prior to the start date of this Contract, the
Contractor shall supply the County with a map of the Collection Area showing
the day(s) of the week for which Garbage, Yard Waste, Recycling and Bulky
Waste shall be collected from each sector. Each sector shall be labeled with
the day of collection. A second map shall be created for each sector that shall
include route boundaries, route numbers, and the truck numbers that will
normally collect the route for each commodity/service. Maps must be
generated in a format acceptable to the County. Maps must be defined well
enough, with enough detail, that County staff may electronically recreate said
maps.
4. At least thirty (30) days prior to the start date, the Contractor will notify all
Units by direct mail or door hanger, to the service address, of the collection
day(s) services will be performed. Notifications shall be in a pre-approved
format.
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5. Should the Contractor wish to alter routes or days of collection, the Contractor
shall provide the County at least twenty one (21) days¶ notice. Any customers
affected by a day change must be notified at least seven (7) days prior to the
change via direct mail or door hanger to the service address, and all changes
will be made in the first full week of a month. The Contractor shall provide
the County an electronic listing of the changes at least seven (7) days prior to
the date of the change. The form of notice to the customer shall be subject to
the approval of the County
6. The County shall have the opportunity to review and approve any and all
routes, day of collection changes or any other changes effecting service and
schedules. All requests to alter the current service or schedule shall be made
in writing. After approval and before implementation, the County shall
receive updated maps of the Collection Area indicating the changes in service
and/or schedule at a level equal to those listed above.
Section 130: Work on County Property
The Contractor will ensure that its employees shall, whenever on the CounW\¶VSURSHUW\
obey all instructions and directions issued by the County to include posted signs. The
Contractor agrees that its personnel and the personnel of its subcontractors will comply
with all rules, regulations and security procedures of the County when on County
property.
Section 132: Disposal and Recycling Locations
1. The Contractor shall deliver all Garbage collected under this Contract to the
CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
or such other locations as the County may designate, and shall deposit the
material collected in the manner directed.
2. The Contractor shall deliver all Yard Waste collected under this Contract to
the CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
30805, or such other locations as the County may designate, and shall deposit
the material collected in the manner directed.
3. The Contractor shall deliver all Recycling collected under this Contract to the
&RXQW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
or such other locations as the County may designate, and shall deposit the
material collected in the manner directed.
4. The Contractor shall deliver all Bulky Waste collected under this Contract to
the CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
30805, or such other locations as the County may designate, and shall deposit
the material collected in the manner directed.
Attachment number 4
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5. All items collected and required to go to the CounW\¶V /DQGILOO VKDOO EH
delivered Monday through Friday by 5:00 p.m. and Saturday by 12:00 p.m.
6. No disposal fees shall be charged for disposal of Garbage, Yard Waste,
Recycling or Bulky Waste. The County shall bear all cost(s) associated with
disposal.
7. The County has the right from time to time to change the hours of operation at
the CounW\¶V/DQGILOO
8. The County has the right from time to time to change the disposal facility for
any given commodity which may have different hours of operation than the
current disposal facility.
9. Should the County elect to change the disposal facility/location, which causes
a significant cost increase to the Contractor, the Contractor may petition the
County for an equitable adjustment. If the change in the disposal
facility/location causes a significant cost decrease to the Contractor, the
County may petition the Contractor for an equitable adjustment.
10. The Contractor shall require that all personnel who exit any vehicle at the
Landfill or other GLVSRVDOIDFLOLW\PXVWZHDUD³KDUGKDW´DWDOOWLPHV and high
visibility clothing as set fourth in Section: 220.
11. Any time that materials are not disposed of at the Landfill located at 4330
Deans Bridge Road, Blythe, Georgia 30805, documentation of disposal will
be required. Documentation needs will be set by the County but could include
items such as yardage, tonnage, date, time, ticket number, copies of tickets,
etc.
Section 134: Ownership of Materials Collected
Collected Garbage, Yard Waste, Recycling, and Bulky Waste shall be the property of the
Contractor until the collected Garbage, Yard Waste, Recycling, and Bulky Waste is
disposed of at the assigned disposal facility. Once materials are disposed of at the
assigned disposal facility, the materials collected shall be the property of the County or
owner of said disposal facility, subject to the right of a customer to claim lost property of
value.
Section 136: Scavenging
No ³VFDYHQJLQJ´by the Contractor, Subcontractor(s) or any of their employees shall be
allowed. Scavenging means sorting through Garbage, Yard Waste, Recycling, or Bulky
Waste while collecting, looking for items of possible value or picking out individual
pieces for reuse while loading or unloading. Scavenging excludes searches by the
original owners for valuables accidentally misplaced or that may be lost.
Attachment number 4
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Section 138: Holiday Schedule
The Contractor shall provide collection services on all legal holidays except New Years
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. Material
regularly scheduled to be collected Thanksgiving Day shall be collected on Friday, the
GD\DIWHU7KDQNVJLYLQJ)ULGD\¶VPDWHULDOVKDOOEHFROOHFWed on Saturday. If Christmas,
New Years Day, Memorial Day, Fourth of July, or Labor Day falls on a regularly
VFKHGXOHGZRUNGD\FROOHFWLRQVZLOOEHGHOD\HGRQHGD\DQG)ULGD\¶VPDWHULDOVVKDOOEH
collected on Saturday. Should a holiday fall on a Saturday or Sunday, no adjustments
will be made. Waste will be collected on the regular schedule on the following week.
The Holiday Schedule may be amended from time to time, to meet the needs or wishes of
the County.
Section 140: Service Disruptions Due to Weather
Service disruptions due to weather shall occur when one (1) or more of the following
events have occurred.
1. The County closes for a weather related issue.
2. The County notifies the Contractor of the Count\¶V wish to have the
Contractor suspend services for weather related issues.
3. The Contractor notifies the County of the Contractors wishes to suspend
services for weather related issues. The County shall reasonably evaluate the
situation, and make a determination of such conditions.
When snow or ice or other weather conditions prevent collection on the scheduled day,
the Contractor shall make collection on the next weekday. If such conditions continue
for a second consecutive day or more, the Contractor shall, on the first day that regular
service to a customer resumes, collect all the materials that the customer is authorized to
have, i.e. if one collection day is missed and the customer is on 95 gallon service, the
Contractor shall collect 190 gallons of material. On the day that collections resume, the
Contractor shall take bags, boxes, and other secure wrappers, and shall empty temporary
receptacles that customers have used when the collection Carts/Bins have been filled.
Section 142: Service Disruptions ± Non Weather
A number of collection impediments may require special efforts to accomplish collection
under this Contract.
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1. On-Street Parking
Certain nHLJKERUKRRG VWUHHWV DOORZ ³RQ-VWUHHW SDUNLQJ´ ZKLFK PD\ SUHVHQW
impediments to curbside collection services. The Contractor shall perform
collection services even if the curb is blocked.
2. Blocked Streets/Renovations/Construction
When closure of roadways providing access, blocked streets or other
disruption beyond the Contractor¶s control prevents timely collection on the
scheduled day, the Contractor shall attempt collection later on that collection
day. If collection is still not possible, the Contractor must notify the County
prior to 4:30 p.m. on the day of service. The Contractor must provide to the
County the reason collection was unachievable and the Unit(s) block range,
street name, as well as the times that collections were attempted. If collection
was not possible, the Contractor shall provide service on the next business
day.
Section 144: Missed and Make-up Collections
1. Should the Contractor fail to make a collection on a scheduled day for causes
within the Contractor¶s control, the Contractor shall make a special make-up
collection by the end of the same business day, if notification of the missed
collection is received by noon that business day, if notification is received
after noon, a make-up collection shall be scheduled for the following business
day with collection of the miss to be completed by noon. For the purpose of
Section 144WKH³EXVLQHVVGD\´LQFOXGHV6DWXUGD\
2. Notwithstanding the foregoing, the County may require the Contractor to do
the following:
a. Authorize the Contractor to defer the collection and authorize the
customer to place a proportionally larger amount of waste on such
customers next scheduled collection day, and to accommodate such
disposal, the Contractor shall take bags, boxes, and other secure wrappers,
and shall empty temporary receptacles that customers have used when the
collection Carts and/or Bins have been filled.
3. It shall be a defense to a missed collection that the customer had not made
timely placement of his or her waste out for collection; that placement did not
comply with provisions of this Contract, or that materials collected did not
comply with provisions within this Contract, provided that the Contractor
shall have left an approved printed tag (red tag) on all material left because it
was not properly prepared, it was overweight, or for other reasons. If
Garbage, Yard Waste, Recycling or Bulky Waste is left uncollected, the
Contractor will leave an explanation (red tag) to help the customer correct the
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problem and avoid it in the future. Should the Contractor fail to leave a red
tag for the customer, it shall be the Contractors responsibility to collect all
such wastes left behind as if it was disposed of properly pursuant to the terms
of this Contract.
4. Should the customer have failed as outlined above, the County may require
the Contractor to do the following, provided that the customer has resolved
said issue:
a. Authorize the Contractor to collect and authorize the customer to place a
proportionally larger amount of waste on such customers next scheduled
collection day, and to accommodate such disposal, the Contractor shall
take bags, boxes, and other secure wrappers, and shall empty temporary
receptacles that customers have used when the collection Carts and/or
Bins have been filled. This provision shall exclude Yard Waste and Bulky
Waste.
5. The Contractor, no later than 10:00 a.m. the next business day, must notify the
County of any collections the Contractor has refused or been unable to make
the previous day. It shall include the address, time of attempted collection,
and reason for non-collection. This list shall be referred to as the Exception
/LVW³(/´
6. If the County transmits a ³miss´ complaint to the Contractor which is on the
EL, and it is a miss which the Contractor should not collect due to the fact that
the material is overweight or contains material that should not be collected
and a red tag was properly left, the Contractor shall note on the miss that the
address is on the EL and note the reason that is was not collected and return
the miss complaint to the County within two (2) business hours of its receipt,
and the miss shall not be collected.
7. All miss complaints transmitted to the Contractor on Friday must be collected
by noon on Saturday. If it appears to the County that the Contractor is not
collecting these misses by noon Saturday, the County has the option of
contracting with another collection firm to collect these misses. The cost of
this option will be deducted from the Contractor¶s payment.
8. This section applies to omitted collections of a single Unit, a row of Units
and/or an entire route.
9. Failure to comply with the above stated provisions shall have Liquidated
Damages as stipulated in Section 560.
Attachment number 4
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Section 146: Contract Carts
1. The Contractor shall provide all Garbage carts for this Contract. A specific
rental rate will be charged for each Cart used under this Contract for the
current month. The cart rental rate will be the monthly rate as specified in
Exhibit B of this Contract
2. At the end the initial Contract period, the Contractors Carts shall become the
property of the County free and clear, with no further encumbrance due.
3. Should the County elect to replace the Contractors Carts with Carts provided
by the County, at any point in the Contract, the Contractor shall promptly
remove their Carts and replace them with the Carts provided by the County.
Once Carts are received by the Contractor, no further rental rates may be
charged for the Contractors Carts as defined above.
4. Should the County elect to replace the Contractors Carts, the Contractor will
be paid a proration for the month in which the (County owned) Carts were
received by the Contractor. The proration amount for each Cart received by
the Contractor shall be calculated by taking the monthly Cart rental rate in
Exhibit B and dividing it by thirty one (31) days, then multiplying that number
by the number of days from the first of the month until the date the County
Carts were received by the Contractor multiplied by the number of Carts
received. Prorations and implementation amounts will be paid as follows:
a. 0-100 Cart(s) received, the Contractor shall be paid the proration amount.
b. 101-200 Carts received, the Contractor shall be paid the proration plus
seven (7) days from the date of receipt.
c. 201-300 Carts received, the Contractor shall be paid the proration plus
fourteen (14) days from the date of receipt.
d. 301-400 Carts received, the Contractor shall be paid the proration plus
twenty one (21) days from the date of receipt.
e. In excess of 400 Carts received, the Contractor shall be paid the proration
plus thirty (30) days from the date of receipt.
Example: See Attached Example Below
Section 148: Supplying Garbage Carts
1. The Contractor will supply the Customers with Carts for distribution to the
Customer. Carts will be a water-tight plastic container that is provided by the
Contractor, that shall not be less than 95 gallons in capacity, fitted with a
Attachment number 4
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sturdy handle, roll able and a tight fitting lid, for the purpose of collecting
Garbage.
2. Carts for new customers shall be delivered within two (2) days of notification
from either the customer or the County. Carts will be delivered in a clean,
sanitary, working condition.
3. The Carts shall be provided with instructions of proper use, including any
customer actions that would void PDQXIDFWXUHU¶V warranties, such as
placement of hot ashes in the Cart causing the Cart to melt, and procedures to
follow to minimize potential fire problems. A pamphlet explaining the dos
DQGGRQ¶WV program requirements, directions for placement of the Cart, and
notification of the day of the week when the customer will receive collection
will be provided with each Cart.
4. The pamphlet containing the dos DQGGRQ¶WV program information and the
directions for placement shall be supplied by the County.
5. No other cans or Carts may be placed into service unless approved by the
County or as otherwise noted in the Contract.
6. Should a customer require a replacement Cart due to loss, stolen or damage,
the Contractor has two (2) days to replace the Cart with a Cart in clean,
sanitary, working condition. A list of lost or damaged Carts will be provided
to the County with the Monthly Report, to include address so the County may
bill the appropriate party. The Contractor is responsible for all repairs to
Carts. Only factory or approved parts may be used to repair said Carts. Any
damaged Carts, which are owned by the County, that can not be repaired by
the Contractor shall be returned to the County so they may follow the
warranty process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Cart.
8. All Carts physically returned to the County shall be clean, sanitary, and in
working condition, unless being returned for damages beyond repair, then the
Cart must be returned clean and sanitary.
Section 150: Supplying Recycling Bins
1. The County will supply the Contractor with Bins for distribution to the
Customer. A bin is a water-tight plastic container that is provided by the
County, that shall not be less than 65 gallons in capacity, fitted with a sturdy
handle, roll able and a tight fitting lid, for the purpose of collecting Recycling.
Attachment number 4
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2. Bins for new customers shall be delivered within two (2) days of notification
from either the customer or the County. Bins will be delivered in a clean and
sanitary condition.
3. The Bins shall be provided with instructions of proper use, including any
customer actions that would void PDQXIDFWXUHU¶V warranties, such as
placement of hot ashes in the Bin causing the Bin to melt, and procedures to
follow to minimize potential fire problems. A pamphlet explaining the dos
DQGGRQ¶WV program requirements, directions for placement of the Bin, and
notification of the day of the week when the customer will receive collection
will be provided with each Bin.
4. The pamphlet containing the dos DQGGRQ¶WV program requirements and the
directions for placement shall be supplied by the County.
5. No other cans or Bins may be placed into service unless approved by the
County or as otherwise noted in the Contract.
6. Should a customer require a replacement Bin due to loss, stolen or damage,
the Contractor has two (2) days to replace the Bin with a Bin in clean,
sanitary, working condition. A list of lost or damaged Bins will be provided
to the County with the Monthly Report, to include address, so the County may
bill the appropriate party. The Contractor is responsible for all repairs to Bins.
Only factory or approved parts may be used to repair said Bins. Any damaged
Bins that can not be repaired by the Contractor shall be returned to the County
so they may follow the warranty process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Bin.
8. All Bins returned to the County shall be clean, sanitary, and in working
condition, unless being returned for damages beyond repair, then the Bin must
be returned clean and sanitary.
Section 152: Cart/Bin Storage
The Contractor shall provide storage space for carts and bins. The Contractor shall
provide enough space to store the equivalent of two and a half percent (2.5%) of the total
number of units serviced for the Collection Area for each type of Cart and Bin offered or
cumulative total there of.
Example
Contract Area has 5,000 units, then the Contractor shall store up to 125 garbage Carts and
125 recycling Bins = 250 total carts/Bins stored.
Attachment number 4
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Section 154: Minimum Cart/Bin Percentage
The Contractor shall keep a minimum inventory of one half of one percent (½%) of each
size Cart and Bin used under with this Contract.
Section 156: Cart/Bin Replacement Cost
The County shall have the right to charge the Contractor for the cost of repair or
replacement of Carts and/or Bins which are owned by the County, if such repair or
replacement is required as a result of abuse or damage caused by the Contractor. The
County shall have additional rights to charge the Contractor for the cost of replacement
Carts and/or Bins, if such replacement is required as a result of fire or theft caused by the
Contractor, or on/from Contractors property .
A list of lost, damaged, destroyed, or stolen Carts/Bins will be provided to the County
with the Monthly Report so the County may bill the appropriate party. The Contractor is
responsible for all repairs to Carts/Bins. Any damaged Bins that can not be repaired by
the Contractor shall be returned to the County.
Section 158: Delinquent and Closed Accounts
The Contractor shall discontinue any and/or all collection services at any Unit(s) as set
forth in a written notice sent by the County. Upon further written notification by the
County, the Contractor shall resume any and/or all collections on the next regularly
scheduled collection day.
Section 160: Meetings and Communication
In order to minimize problems during implementation of the Contract, to provide a forum
for discussing and resolving any operational questions or issues that may arise, and for
updating the Operations Plan the parties agree to meet on a regular basis as follows:
1. The period from the date the Contract is awarded until six months after the
actual collection services begin (or such earlier date as may be mutually
agreed to by the parties) shall be referrHGWRDVWKH³,PSOHPHQWDWLRQ3KDVH´
During the implementation phase, meetings shall be held between
representatives of the parties on a weekly basis, or on such more or less
frequent basis as may be mutually agreed. The primary purpose of such
meetings shall be to develop and/or refine the Operations Plan, to evaluate the &RQWUDFWRU¶VSHUIRUPDQFHLQLPSOHPHQWLQJWKH&RQWract, to evaluate Cart and
Bin delivery progress or problems, to air and seek resolution of complaints, to
discuss any actual or perceived problems with service, and to discuss
promotion, public information and public relations.
Attachment number 4
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2. After the Implementation Phase, meetings shall be held at least on a quarterly
basis, unless otherwise mutually agreed to, between representatives of the
parties. Such meetings shall be held for the purpose of reviewing and
discussing day to day operations, promotion, public information, and public
relations.
3. Meetings shall be held at the offices of the County unless otherwise agreed.
Each party shall be available for at least 90 minutes per meeting, unless
otherwise agreed in advance. Meetings shall be held during normal business
hours.
Section 162: Program Information During Contract Start-Up
All items listed below may be generated by the County. Prior to the start date of the
Contract, the Contractor shall deliver to all Units receiving services, the materials created
by the County to address issues such as the following. This list may not be all inclusive.
1. Materials to be collected and how such materials are to be prepared.
2. Date that the customer shall begin using the new Cart/Bin that was delivered.
3. Cart and material placement information.
4. &RQWUDFWRU¶V Welephone number that customers should call for additional
information or for questions.
5. Telephone number of the County department that customers can call for
additional information or for questions.
The Contractor shall be responsible for informing the Customer of the Collections
schedule for each Unit serviced prior to the start date. The format of said information
shall be printed, and delivered to each service address via door hanger or other approved
format. The Contractor shall have approval from the County prior to any distribution of
these materials.
The above information may further be required to be attached to any new Cart/Bin
delivered or anytime that a Cart/Bin is delivered to a customer.
The County shall approve all customer information materials, promotions, and
educational activities and materials developed by the Contractor in advance of their
production, implementation, or distribution. All public information materials will
conform to the CounW\¶VJXLGHOLQHVDQGLQFOXGHWKH&ounW\¶VLGHQWLW\
Attachment number 4
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Section 164: Program Information
The Contractor shall deliver informational packets and/or door hangers to each service
address up to two (2) times per year at the discretion of the County. The literature for
said information will be generated by the County.
Attachment number 4
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C. Manner of Collection
Section 200: Contractor¶s Responsibilities
The Contractor shall be responsible for furnishing all labor, materials, equipment, and
supervision necessary to perform the collection, processing, and other items described in
this Contract.
Section 210: Employee Conduct
1. The Contractor is responsible for providing supervision necessary to ensure
that collection employees are courteous, exercise due care, do their work
without delay, minimize noise, avoid damage to private property, close and
relock all gates and doors that they open, and if on private property, follow the
regular pedestrian walkways and paths, and not cross flower beds, lawns or
through hedges. While collecting, employees shall wear or carry
identification supplied by the Contractor. The identification shall be subject
to approval of the County.
2. When the County identifies unsatisfactory conduct by an employee and the
County notifies the Contractor of such conduct, the Contractor shall take
remedial action. The remedial action shall be appropriate to the level of
unsatisfactory conduct, provided that if the County requests of the Contractor
that an employee be suspended from further work on the Contract for
unsatisfactory conduct, the Contractor will permanently remove the employee
from further work on the Contract.
3. The Contractor will notify the County of remedial action taken in its monthly
reports.
4. The County will cooperate with the Contractor by supplying to the Contractor
the names and contact information, when known, of the complainant as well
as known witnesses.
5. Through the process identified above, the County will have the sole right to
require the removal and replacement of such employee(s) by the Contractor
and/or subcontractors. The County shall exercise such right by providing
written notice to the Contractor via U.S. Mail, fax or email. Such notice will
include the County¶VUHDVRQIRUWKHUHTXHVW
6. The Contractor will replace any personnel who separate from Contractors
employment with equivalently qualified persons. The Contractor will replace
such personnel as soon as reasonably possible, and in any event within thirty
(30) days after the Contractor receives notice that an employee will be
leaving.
Attachment number 4
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7. 7KHWHUP³SHUVRQQHO´VKDOOLQFOXGHDOOVWDIISURYLGHGE\WKH&RQWUDFWRURULWV
subcontractors who have worked or perform services under this Contract.
Section 220: Employee Uniforms
1. Employees who perform collections or who supervise collection activities
shall wear a uniform. Uniforms shall be of similar type and color for
collections employees. Supervisors shall have some differing uniform
characteristic to identify such authority (such as a different color shirt or
notation on their name badge).
2. The uniform shirt shall be worn buttoned up within one button of the top
button and tucked into the pants/shorts. The shirts must be kept in a clean
professional manner. Shirts must remain free from rips, holes and stains. T-
Shirts are allowed, so long as they meet all other Contract provisions. Tank
tops and sleeveless shirts are not allowed.
3. The uniform must comply with a minimum standard of the American National
Standards Institute ³ANSI´ class II requirements for visibility. Should the
Contractor elect a uniform that does not meet this criteria, then a high
visibility alternative (such as a vest) meeting the minimum standard of ANSI
class II shall be worn at all times while collecting and disposing of materials
under this Contract.
4. The uniform pants/shorts shall be worn above the hips and should have a
length not less than one (1) inch above the knees. Pants/shorts must be kept in
a clean professional manner. Pants/Shorts must remain free from rips, holes
and stains. All pants/shorts must be hemmed and have a finished look.
5. The uniform outerwear must comply with a minimum standard of ANSI class
II requirements for visibility. Should the Contractor elect outerwear that does
not meet this criteria, then a high visibility alternative (such as a vest) meeting
the minimum standard of ANSI class II shall be worn at all times while
collecting and disposing of materials under this Contract.
6. All uniform shirts and outerwear shall have the company name placed in a
conspicuous place. In addition, VXSHUYLVRUVVKDOOKDYHWKHZRUG³VXSHUYLVRU´
placed in a conspicuous place.
Section 230: Spillage
1. The Contractor shall pick up any material scattered or spilled during
collection by the Contractor and clean up the area affected within three (3)
hours of notification of the incident. Each truck shall carry equipment (such
as a broom, shovel spill kit, etc) for this purpose.
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2. The Contractor shall immediately, or within one (1) hour of notification,
commence clean up of any paint, hydraulic, transmission, or other oil spill, or
commence clean up of any spillage which creates a hazardous condition (such
as spillage involving glass). For any hazardous spill, the Contractor must
notify the County immediately.
3. Failure to comply with these requirements is subject to Section 560
Liquidated Damages.
Section 240: Damage Claims
1. The Contractor shall be responsible for any damages to real property, personal
property and personal injury to the extent caused by negligent or willful acts
or omissions and is caused in whole or in part by the Contractor, its
employees, agents, or subcontractors in performing work under this Contract.
2. The Contractor shall notify the County immediately of any damages and/or
damage claims as set forth in the section above, and shall indemnify and hold
harmless the County for same. Written notice of any damages and/or damage
claims shall be provided to the County within two (2) days, and shall include
the name, address, telephone number, description of incident, witness
information and the description of the remedy. The Contractor shall actively
work to resolve the claim timely, timely shall mean within ten (10) working
days after the Contractor has received notice of damages. Claims shall be
resolved within thirty (30) days. For extenuating circumstances, upon written
request from the Contractor, the County at its sole option may extend the
above mentioned time period. If the damage claim is deemed as Contractors
responsibility by law enforcement, their designee, or independent
individual/organization trained to investigate such items and is not resolved
within the applicable period, the County may take any action it deems
necessary to make the injured party whole and deduct the same from amounts
due the Contractor.
Section 250: Customer Grievances
The Contractor will designate a representative to adjudicate customer grievances. At the
County¶VUHTXHVWWKe representative will join the County in meeting with an aggrieved
customer within 24 hours of notification to resolve a complaint about spillage, a refusal
to serve or a missed pick-up and/or other deficiency in service or a need for
handicapped/special service or other specific Contract provisions.
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D. Reporting/Information Requirements
Section 300: Report/Information Specifications
Throughout the life of this Contract a series of reports and information will be required
by the Contractor. These reports and information are called for throughout the Contract.
The County reserves the right to dictate format, style and to the extent possible,
standardization of all reports and information required under this Contract. The County
may require reports in hard copy and/or electronic copy for any and all reports. Listed
below is a guide to some of the reports/information included in this Contract. This list
may not be inclusive of the reports or information required by the Contractor under this
Contract. The County further reserves the right to alter the reporting requirements from
time to time.
1. Spare vehicle utilization ± (Section 62)
2. Asset Inventory List (Section 85)
3. Handicapped/Special Needs ± as needed (Section 114)
4. Force Majeure Clean-Up ± as needed (Section 120)
5. Eviction, Vacant Lot, Special Clean-Up ± as needed (Section 122)
6. Disposal and Recycling ± as needed (Section 132)
7. Service Disruption ± as needed (Section 142)
8. Red tag, not out, etc. ± daily (Section 144)
9. Lost and/or Damaged Carts (Section 148 and 150)
10. Employee remedial action ± (Section 210)
11. Damage Claims ± (Section 240)
12. Service increase/decrease ± (Section 410)
13. CPI increase ± (Section 430)
14. Equal Employment ± (Section 600 and 610)
15. Emergency Plan ± (Section 700)
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E. Compensation
Section 400: Payment for Collection Services
1. The County shall pay the Contractor monthly for all collection services under
this Contract. Payment shall be based on the number of Units collected that
are receiving Garbage service in the Contract Area.
2. $8QLWZLOOEH³ELOODEOH´LQWKHFXUUHQWPRQWKLIWKH8QLWVWDUWVVHUYLFHVRQWKH
1st through the 14th GD\ RI WKH PRQWK 7KH 8QLW ZLOO EH ³ELOODEOH´ WKH
following month if the Unit starts services on the 15th through the 31st day of
the month.
3. Should a Unit sit vacant/idle, and no service rendered for a full month, then WKDW8QLWVKDOOQRWEH³ELOODEOH´DQGVKRXOGEHUHPRYHGIURPWKH&RQWUDFWRUV
monthly invoice and service list.
4. The County shall deduct any assessments due from the payment owed to the
Contractor.
5. The County shall add additional moneys owed for additional services
provided for under this Contract.
Section 410: Payment Procedure
1. The Contractor shall generate and submit a service listing of all current
customers, including service address and Cart/Bin numbers, which meets the
definition(s) provided by the Solid Waste Department, which is at least 99%
accurate by November 1, 2005.
2. The Contractor shall maintain its service listing with at least 99% accuracy,
listing any service increases or decreases meeting the above stated
requirements for the month of December, 2005.
3. The Contractor shall submit a monthly invoice to the County within five (5)
business days from the end of the month. The invoice shall be for services
performed in the previous month at a Unit Price for that period of the Contract
as outlined in Exhibits B, C, and D, as well as Section 400 and other
provisions in this Contract.
4. The Contractor shall submit a monthly list of all service increases or decreases
to the number of Units as defined by this Contract along with the above stated
invoice. The Contractor is required to supply the date the Unit went into
service, the address of the Unit, and any Cart/Bin numbers. The net difference
will either be added to or subtracted from the prior months final Unit count.
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5. The County shall pay the Contractor within thirty (30) days of receipt of an
undisputed invoice.
6. Payment requests shall be accompanied by:
b. Data supporting the payment request to include a Unit list with name,
service address and Cart/Bin number(s) as necessary to substantiate the
Contractors right to remittance of the amounts invoiced.
c. Certification from the Contractor that it has fully and properly performed
all items of the work covered by the payment request, that all insurance
and bonds required are in full force and in effect, and all subcontractors
and suppliers have been paid from previous requests, and that the
Contractor is not in default of any provision of the Contract.
d. Certification from the Contractor that it has fully and properly met all
obligations under the reporting requirements sections of the Contract, and
has done so fully and honestly.
e. Payment for services will not be paid until the above mentioned items
have been received.
7. Should the County dispute any portion of the invoice, it shall within thirty
(30) days of receipt of the invoice, provide the Contractor with a detailed
itemized list of such objections.
Section 420: Contract Unit Price
See Exhibit B.
Section 430: Adjustments
1. CPI Adjustment
a. The Contractor shall be entitled to one hundred percent (100%) of the
actual percentage change in the CPI (as hereinafter defined).
b. The ³&3,´. Means the Consumer Price Index for All Urban Consumers
³&3,-8´ Atlanta, Georgia ± Atlanta, Georgia, All Items, 1982-1984
equals 100, published by the United States Department of Labor, Bureau RI/DERU6WDWLVWLFV ³%/6´ RULWVVXFFHVVRU,I%/6GHVLJQDWHVDQLQGH[
with a nes title or code number or table number as being the continuation
of the index cited above, the new index will be used, or if no new index is
designated, the most nearly compatible index shall be used.
2. General conditions for adjustments.
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a. The CPI Index percentage change will be determined from January 1st to
December 31st of the previous year, with an implementation of the
increase on June 1st, and every June 1st thereafter with the first increase
starting in June of 2007.
b. The Contractor must notify the County in writing by March 31st of each
year beginning March of 2007, of the amount and percentage of any rate
adjustment allowed under this section. If timely notice is not received by
the County, no increase will be allowed for that year.
c. In any event, the adjustment will be limited to a maximum increase or
decrease of four percent (4%) annually.
Section 440: Wage Increases for Employees
All wage increases for collectors or any other employees of the Contractor granted during
the term of this Contract shall be the sole responsibility of the Contractor. Any benefits
or added costs resulting from changes in technology, laws and regulations, labor
practices, availability of equipment, and other foreseeable business risks that may affect
the performance of this Contract shall be the Contractor¶s advantage or expense
respectively, except noted herein.
Section 450: Withholding and Payment of Tax Liens and Judgments
The County may withhold and pay to the United States of America or to any federal
court, or the State of Georgia or any state court, the amount claimed in a levy filed by the
United States Internal Revenue Service or the Georgia State Department of Revenue,
respectively, the amount directed by a writ of garnishment, writ of attachment, or writ of
execution or by an order of a Bankruptcy Court, and/or by any court order, each for
monies claimed from the Contractor. When presenting such an order, the County may in
its discretion institute interpleading proceedings. The County may make a payment in
conjunction with the interpleaded action to the appropriate court. Payments so made or
deposited into the registry of the court shall be satisfaction of payment due to the
Contractor.
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F. Security, Liability, Damages
Section 500: Payment Bond
1. The Contractor shall furnish the County a bond with a corporate surety
acceptable to the County in the amount equal to twenty five (25%) of the
annual Contract amount. The bond shall be valid and non-cancelable for a
period not less than one (1) year and the Contractor shall provide a new bond,
or evidence satisfactory to the County of the renew ability of the current bond
at least forty five (45) calendar days before it expires.
2. The initial payment bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
3. The bond shall be for the use and benefit of the County, with a surety
company authorized to do business in the State of Georgia and acceptable to
the County. Said bond shall be conditioned that should such Contractor
faithfully pay all laborers, mechanics, subcontractors, material men, and all
persons who shall supply such Contractor or subcontractors with provisions
and supplies for the performance of this Contract, said bond shall be null and
void and shall be further conditioned that any person(s) performing such work
or services, said bond shall contain appropriate recitations that it is issued
pursuant to this Contract.
Section 510: Performance Bond
1. The Contractor shall furnish the County a bond with a corporate surety
acceptable to the County in the amount equal one hundred percent (100%) of
the annual Contract amount. The bond shall be valid and non-cancelable for a
period not less than one (1) year and the Contractor shall provide a new bond,
or evidence satisfactory to the County of the renew ability of the current bond
at least forty five (45) calendar days before it expires.
2. The initial payment bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
3. The bond shall be for the use and benefit of the County, with a surety
company authorized to do business in the State of Georgia and acceptable to
the County. Said bond shall be conditioned that should such Contractor
faithfully perform each and every term, condition, and provision of this
Contract, said bond shall be null and void and shall be further conditioned that
any person(s) performing such work or services, said bond shall contain
appropriate recitations that it is issued pursuant to this Contract.
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Section 520: Default of Contractor
1. This section is independent, notwithstanding any other provisions of this
Contract. The Contractor may be held in default of the Contract in the event
the Contractor:
a. Fails to perform ninety percent (90%) of the collections required by this
Contract and appears, to the County, to have abandoned the work, or to be
unable to resume collections within forty-eight (48) hours.
b. Has failed on any occasion of two (2) consecutive working days, in any
year, or ten (10) days in a calendar year to perform the collections required
by the Contract; except as provided in Section 140.
c. Fails to comply with the terms of Section 600 through 640 upon written
notice by County with 15 days to cure. Said cure period will only apply to
the first offense of similar offenses.
d. Fails to furnish and maintain a Performance and/or Payment Bond per
Section 500 and 510.
e. Fails to furnish and maintain the Insurance requirements per Section 540.
f. Fails to be granted and/or receive prior written approval of a change of
control or other provision as defined in Section 875.
g. Repeatedly neglects, fails, or refuses to comply with any of the terms of
the Contract, after having received notice of its obligation to do so.
2. To initiate proceedings under this Section, the County shall give notice to the
Contractor and its surety. Within 7 days, Contractor may demand a at which
the Contractor may show cause why it should not be declared in default or
why it should be given the opportunity to cure said default. In the event the
Contractor fails to show, to the reasonable satisfaction of the County, why the
Contractor should not be declared to be in default of this Contract, the County
may make a declaration of default. In evaluating whether to make such a
declaration of default, the County shall, in its discretion, consider the severity
of the alleged violations, and the overall performance of the Contractor under
the Contract.
3. In declaring the Contractor to have defaulted on the Contract, the County also
may order the Contractor to discontinue further performance of work under
the Contract and transfer the obligation to perform such work from the
&RQWUDFWRUWRWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGDQGWDNHDQ\
other action it deems advisable.
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4. Under receipt of a notice that the work has been transferred to the surety
without termination of the Contract, the surety shall take possession of all
materials and equipment described in the most recent inventory submitted to
the County pursuant to Section 85 hereof, for the purpose of completing the
work under the Contract, employ, by the Contract or otherwise, any person
and/or all persons needed to perform the work; and provide materials and
equipment required therefore. Such employment shall not relieve the surety
of its obligations under the Contract of bond. If there is a transfer to the
surety, payments shall be made to the surety or its agent for all work
performed under the Contract subsequent to such transfer, in amounts equal to
those that would have been made to the Contractor had it performed in the
PDQQHUDQGWRWKHH[WHQWRIWKHVXUHW\¶VSHUIRUPDQFH and the Contractor shall
have no claim upon the same.
5. ,QWKHHYHQWWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGIDLOVWRDVVXPH
or continue performance within two (2) days after its receipt of notice that the
work has been transferred to such surety, the Contractor shall be deemed to
have leased, subleased, or otherwise license the County to use all, or whatever
portion is desired by the County, of the materials and equipment described on
the most recent inventory submitted to the County pursuant to Section 85
hereof, for collection (and processing) purposes for a period of up to one (1)
year following the date of the declaration of default by the County without
requiring the County to execute any other document whatsoever to accomplish
such lease, sublease, or license and without requiring the County to post any
bond, pledge, deposit or other security for such equipment and materials, but
upon the condition that the County pay for the equipment and materials
actually used for such collection a market rental that is no greater than (i) the
monthly lease, in the event such property is leased by the Contractor, (ii) the
periodic installment, in the event such property is being acquired under a
purchase Contract, (iii) the periodic financing interest and principal, in the
event such property is being acquired under a purchase Contract, or (iv) the
financing arrangement; provided, that under no circumstances shall the
County be liable during its use of such property for any arrearages, balloon
payment, accrued interest, accelerated charges in the event of a default, or
other extraordinary payment; nor shall the satisfaction thereof be a condition
of the County¶V LQWHULP XVH RI VXFK SURSHUW\ SURYLGHG IXUWKHU WKDW VXFK
lease, sub-lease, or license shall be suspended the date the surety on the
&RQWUDFWRU¶VERQGRULWVDJHQWDFFHSWVWKHWUDQVIHURIZRUNXQGHUWKH&RQWUDFW
6. In the event the County secures the performance of work under the Contract at
a lesser cost than would have been payable to the Contractor had the
Contractor performed the same, then the County shall retain such difference;
but in the event such cost to the County is greater, the Contractor and its
surety shall be liable for and pay the amount of such excess to the County.
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7. All payments due the Contractor at the time of default, less amounts due the
County from the Contractor, shall be applied by the County against damages
suffered and expense incurred by the County to reason of such default, any
excess shall be paid to the Contractor unless otherwise provided herein.
8. Notwithstanding the provisions of this Section, a delay or interruption in the
performance of all or any part of the Contract resulting from causes beyond
WKH&RQWUDFWRU¶VFRQWURO, as defined in section 880, shall not be deemed to be a
default and the rights and remedies of the County provided for herein shall be
inapplicable; provided that all labor disputes as defined in section 880 hereof VKDOOQRWEHFRQVLGHUHGDFDXVHEH\RQGWKH&RQWUDFWRU¶VFRQWURO as defined in
section 880.
Section 530: Commitment of Equipment
1. Unless a replacement or substitute is provided, all vehicles, facilities,
HTXLSPHQWDQGSURSHUW\LGHQWLILHGLQWKH&RQWUDFWRU¶VLQYHQWRU\XQGHU6HFWLRQ
85 for use in the performance of this Contract (called ³VXFKSURSHUW\´ VKDOO
be available for use in collecting Garbage, Yard Waste, Recycling, and Bulky
Waste. When provided, this Section applies to the replacement and substitute.
2. For the duration of this Contract, any document (including a lease to or by the
Contractor, financing Contract, acquisition over time, mortgage, or other
instrument establishing a security interest) that encumbers or limits the &RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\VKDOO
a. $OORZWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGWRtake over the
&RQWUDFWRU¶V REOLJDWLRQV DQG WR FRQWLQXH WKH XVH RI WKH HTXLSPHQW LQ
service for performance of the Contract;
b. $OORZWKH&RXQW\WRWDNHRYHUWKH&RQWUDFWRU¶VREOLJDWLRQVDQGWRFRQWLQXH
the use of the equipment in service for performance of the Contract;
c. Exempt the County from liability during its usage of such property for
arrearages, balloon payments, accrued interest, accelerated charges on
account of a default, or other extraordinary payments, and not make
satisfaction thereof a condition of the County¶VLQWHULPXVDJH DQG
d. Forbare DQ\ IRUHFORVXUH WUXVWHH¶V VDOH RU RWKHU GLVSRVVHVVLRQ RI WKH&RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\ZLWKRXWJLYLQJERWKWKHCounty and VXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGVL[W\ GD\VSULRUQRWLFH
DQG WKHQ PDNH DQ\ WHUPLQDWLRQ RI WKH &RQWUDFWRU¶V LQWHUHVW LQ VXFK
property pursuant to such action or the enforcement thereof subject to the
requirement of Subsections 1, 2, and 3 of this section.
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3. To assure compliance with this Section, the Contractor shall submit to the
County for review and approval or disapproval prior to execution all contracts,
leases, or other documents for acquisition of, or encumbering or limiting the
&RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\RUIRUUHSODFHPHQWVWKHUHRIDQGDQ\
proposed agreement that would encumber or transfer any interest of the &RQWUDFWRU LQ VXFK SURSHUW\ EHIRUH WKH &RQWUDFWRU¶V H[HFXWLRQ RI VXFK
agreement. The County¶VDSSURYDOVKDOOQRWEHXQUHDVRQDEO\ZLWKKHOG
Section 540: Insurance
1. Contractor shall at all times during the term of this Contract, obtain and
maintain continuously, at its own expense, and file with the County evidence
of a policy or policies of insurance as enumerated below, which name the
County as an additional insured:
2. A policy of Commercial General Liability Insurance, written on an insurance
industry standard occurrence form, including the following FRYHUDJH¶V:
a. Premises/Operations Liability
b. Products/Completed Operations Liability
c. Personal/Advertising Injury
d. Contractual Liability
e. Independent Contractors Liability
f. Stop Gap/Employers Contingent Liability
g. Explosion, Collapse, or Underground (XCU)
h. Fire Damage
3. Such Policy(ies) must provide the following minimum limits:
a. Bodily Injury and Property Damage
b. $2,000,000 General Aggregate
c. $2,000,000 Products & Complete Operations Aggregate
d. $1,000,000 Personal & Advertising Injury
e. $250,000 Fire Damage
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4. Stop Gap Employers Liability:
a. $1,000,000 Each Accident
b. $1,000,000 Disease ± Policy Limit
c. $1,000,000 Disease ± Each Employee
5. A policy of Business Automobile Liability including coverage for owned,
non-owned, leased or hired vehicles written on an insurance industry standard
form or equivalent.
Such policy(ies) must provide the following minimum limit:
a. Bodily Injury and Property Damage
b. $1,000,000 Per Person
c. $2,000,000 Per Occurrence
6. A policy of Workers Compensation Insurance. With respects to Workers
Compensation insurance in the State of Georgia, the Contractor shall secure
its liability for industrial injury to its employees in accordance with the
provisions of § 34-9-1 et seq, Official Code of Georgia Annotated.
Such policy must provide the following minimum limits:
a. Statutory coverage for injuries and occupational disease.
b. (PSOR\HU¶V/LDELOLW\
7. Any deductible or self-insured retention must be disclosed and is subject to
approval by the County. The cost of any claim payments falling within the
deductible shall be the responsibility of the Contractor.
8. If any such policy is written on a ³&laims Made´ form, the retroactive date
shall be prior to or coincident with the Start Date of this Contract. The policy
shall state the coverage is ³Claims Made´, and state the retroactive date.
Claims made from coverage shall be maintained by Contractor for a minimum
of two years following the expiration or earlier termination of this Contract,
and Contractor shall annually provide the County with proof of renewal. If
renewal of the claims made form of coverage becomes unavailable, or
economically prohibitive, Contractor shall purchase an extended reporting
SHULRG ³WDLO´ RUH[HFXWHDQRWKHUIRUPRIJXDUDQWHHDFFHSWDEOHWRWKHCounty
to assure financial responsibility for liability for services performed.
Attachment number 4
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a. Additional Insured and Primary Insurance Provisions:
Such insurance, as provided under items (1), and (2) above, shall be
endorsed to include the County, its officers, elected officials, employees,
agents, and volunteers as additional insured, and shall not be reduced or
canceled without forty-five (45) days prior written notice to the County.
,QDGGLWLRQ&RQWUDFWRU¶VLQVXUDQFHVKDOOEHSULPDU\DQGDQ\RWKHU
insurance maintained by the County shall be excess and not contributing
insurance with the Contractors insurance.
b. Evidence of Insurance: The following documents must be provided as
evidence of insurance coverage:
i. A copy of the policies declarations pages, showing the insuring
company, policy effective dates, limits of liability and the schedule of
forms and endorsements.
ii. A copy of the endorsement naming the County as an additional insured
showing the policy number and signed by an authorized representative
of the insurance company for business auto liability and for the
commercial general liability policy a form CG 2010 (ISO) or
equivalent.
iii. $FRS\RIWKH³(QGRUVHPHQW)RUP /LVW´WRWKHSROLF\RUSROLFLHV
showing endorsements issued on the policy, and including any
company-specific or manuscript endorsements.
iv. A copy of an endorsement stating that the FRYHUDJH¶V provided by this
policy to the County or any other named insured shall not be
terminated, reduced or otherwise materially changed without providing
at least forty-five (45) days prior written notice to the County.
v. $FRS\RID³6HSDUDWLRQRI,QVXUHG´RU³6HYHUDELOLW\RI,QWHUHVW´
clause indication essentially that ± except with respect to the limits of
insurance and any rights or duties specifically assigned to the first
named insured and separately to each insured against whom claim is
made or suit is brought (Commercial General Liability and Business
Automobile Liability Insurance).
c. Policy Rating: All policies shall be subject to approval by the County as
to company (must be rated A- 9,,RUKLJKHULQWKH$0%HVW¶V.H\5DWLQJ
Guide and licensed to do business in the State of Georgia or issued as a
surplus line by a Georgia Surplus lines broker), form and coverage, and
primary to all other insurance
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d. Self Insurance: Should Contractor be self insured, under item (1), (2) and
(3) above, a letter form a Corporate Officer stipulating if actuarially funds
and fund limits; plus any excess declaration pages to meet the Contract
requirements. Further, this letter should advise how Contractor would
protect and defend the County as an Additional Insured in their Self-
Insured layer, and include claims handling directions in the event of a
claim.
e. Subcontractors: Contractor shall include all subcontractors as insured
under its policies or shall furnish separate evidence of insurance as stated
above for each subcontractor. All FRYHUDJH¶V for subcontractors shall be
subject to all the requirements stated herein and applicable to their
profession.
9. Failure of the Contractor to furnish and maintain said Insurance requirements
shall be considered a material default of this Contract.
Section 550: Indemnity
The Contractor(s) shall defend, indemnify and save harmless the County and the
County¶V officers, employees and agents from any and every claim and risk, and from all
losses, damages, demands, suits, judgments and attorney fees, and other expenses of any
kind (collectively ³ORVVHV´ arising out of this Contract or the performance thereof;
including but not limited to any personal injury, or death of any and all persons
(including but not limited to the Contractor, its agents, employees, subcontractors and
their successors and assignees, as well as the County or the County¶VDJHQWVDQGDOOWKLUG
parties); and including any property damage of any kind, whether tangible or
intangible, including loss of use resulting there from, in connection with or related to the
negligent or willful act(s) or omissions of the Contractor of its subcontractor which were
caused in whole or in part by the Contractor or its subcontractor while performing work
under this Contract, or in connection with or related to (in whole or in part by reason of)
the presence of the Contractor or its subcontractors or their property, employees or
agents, upon or in proximity to the property of the County or any other property (upon
which the Contractor is performing any work called for), except only those losses
resulting solely from the negligence of the County.
Section 560: Liquidated Damages ± Reasonable pre-estimate of Owners Damages
1. Augusta is committed to delivering quality solid waste disposal services to its
citizens and maintaining clean streets and public areas. This Section
establishes damages for failure to meet performance standards hereinafter set
forth. This Section is independent of Section 511 ± Default of Contractor.
The County and Contractor expressly agree that the potential harm or injury to
the County caused by the following incidents of substandard performance are
difficult or impossible to accurately estimate. The County and Contractor
stipulate that the following damages are a reasonable pre-estimate of the
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probable loss to the County and the public. The parties agree that these
provisions for liquidated damages are not intended to operate as penalties for
breach of Contract.
2. This Section is independent of Section 520 - Default of Contractor. The
amounts agreed to herein for each act or omission are Liquidated Damages.
Liquidated Damages may be set-off and deducted from the monthly payment
to the Contractor.
3. This section will be effective on and after February 1, 2006.
a. Performance
Standard
(Omission): Not placing Carts/Bins back in their original locations in a
neat and orderly manner, Carts/Bins upright, and
thoroughly emptied. (Section 114)
Damage: $25 per incident
b. Performance
Standard
(Omission): Commencement or completion of collections outside of
contract specifications except as expressly permitted
herein. (Section 126)
Damage: $100 per incident (each truck is a separate incident plus
starting early and ending late will be considered two
events)
c. Performance
Standard
(Omission): Failure to collect spillage. (Section 230)
Damage: $100 per incident per day (each Unit represents a separate
incident)
d. Performance
Standard
(Omission): Failure to collect missed Garbage, Yard Waste, Recycling
or Bulky Waste pursuant to this Contract. (Section 144)
Damage: $25 per incident to a maximum of $500 per truck per day
for each type of collection (Garbage, Yard Waste, etc.)
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e. Performance
Standard
(Omission): Failure to deliver or replace Carts/Bins as specified in the
Contract. (Sections 148 and 150.)
Damage: $25 per Carts/Bins per day.
f. Performance
Standard
(Omission): Failure to start the Contract on the Start Date.
Damage: $5,000 per day.
g. Performance
Standard
(Omission): Mixing of Contract waste with non-contract waste. (Section
60)
Damage: $5,000 per event
h. Performance
Standard
(Omission): Intentional disposal of Yard Waste and/or Recycling
Materials placed in a collection vehicle collecting Garbage.
Damage: $100 per incident per day (each Unit represents a separate
incident) (Section 104)
4. The liquidated damages set forth above are not intended to compensate the
County for any damages other than inconvenience and loss of use or delay in
services. The existence or recovery of such liquidated damages shall not
preclude the County from recovering other damages in addition to the
payments made hereunder which the County can document as being
attributable to the above referenced failures. In addition to other costs that
may be recouped, the County may include costs of personnel and assets used
to coordinate, inspect, and re-inspect items within this Contract as well as
attorney fees if applicable.
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G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Employment Opportunity
1. The Contractor shall not discriminate against any employee or applicant for
employment because of race, religion, creed, color, sex, marital status, sexual
orientation, political ideology, ancestry, national origin, or the presence of any
sensory, mental, or physical handicap, unless based upon a bonafide
occupational qualification. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment, without regard to their of race, religion, creed, color, sex, marital
status, sexual orientation, political ideology, ancestry, national origin, or the
presence of any sensory, mental, or physical handicap. Such action shall
include, but not be limited to the following: employment, upgrading,
promotion, demotion, transfer, recruitment or recruitment advertising, layoff
or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices are provided, setting forth the provisions of this non-discrimination
clause.
2. The Contractor agrees that it will inform the County of any alleged
violation(s) of employment practices involving any employees who work
under this Contract which are asserted in any claims filed with the Equal
Employment Opportunity Commission, Labor Department, or any other
federal or state compliance agency within ten (10) days of becoming aware of
said claim. The Contractor will also inform the County of the final disposition
of such cases within ten (10) days of becoming aware of the final disposition.
Section 610: Equal Employment Opportunity ± Implementation
1. The Contractor shall obtain in writing from each subcontractor or participant
in a joint venture, an affirmative action policy or program and retain such
written policy or program for inspection by the County.
2. The Contractor shall be responsible for the compliance of subcontractors or
joint ventures. Appropriate sanctions for noncompliance will be imposed on
the Contractor. The requirements for the Contractor apply to subcontractors, UHJDUGOHVVRIWLHU7KH&RQWUDFWRU¶VUHVSRQVLELOLW\LQFOXGHVREWDLQLQJHTXDO
employment opportunity documentation from subcontractors or joint ventures
and reviewing the same as to validity and compliance. The Contractor shall
VXEPLWVXFKGRFXPHQWDWLRQFRQFXUUHQWZLWKWKH&RQWUDFWRU¶VRZQVXEPLWWDOV
3. The Contractor will, prior to commitment and during the term of this Contract,
furnish to the County upon their request and on such form as may be provided
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by the County, a report of the affirmative action taken by the Contractor in
implementing the terms of these provisions, and will permit access to their
records of employment, employment advertisements, application forms, other
pertinent data records requested by the County for the purpose of investigation
to determine compliance with this provision. If upon investigation, the
County finds probable cause to believe that the Contractor has failed to
comply with any of the terms of these provisions, the Contractor and the
County shall be so notified in writing. The County shall give the Contractor
an opportunity to be heard, after ten (10) days notice. If the County finds
cause, the County may suspend the Contract and/or withhold any funds due or
to become due to the Contractor, pending compliance by the Contractor with
the terms of these provisions. Failure to comply with any of the terms of these
provisions shall be a material default of the Contract.
4. The foregoing provisions will be inserted in all subcontracts for work covered
by this Contract.
Section 620: Drug ±Free Workplace
1. The County is a drug-free workplace employer. The Contractor hereby
certifies that it has or it will within thirty (30) days prior to the Start Date of
the Contract:
2. Notify employees that the unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited in the workplace and
specifying actions that will be taken for violations of such prohibition;
3. Establish a drug-free awareness program to inform employees about (i) the
GDQJHUV RI GUXJ DEXVH LQ WKH ZRUNSODFH LL WKH &RQWUDFWRU¶V SROLF\ RI
maintaining a drug-free workplace, (iii) any available drug counseling,
rehabilitation, and employee assistance programs, and (iv) the penalties that
may be imposed upon employees for drug abuse violations;
4. Notify each employee that as a condition of employment, the employee will
(i) abide by the terms of the prohibition outlined above, and (ii) notify the
Contractor of any criminal drug statute conviction for a violation occurring in
the workplace not later that five (5) days after such conviction;
5. Impose a sanction on, or requiring the satisfactory participation in a drug
counseling, rehabilitation or abuse program by, an employee convicted of a
drug crime;
6. Make a good faith effort to continue to maintain a drug-free workplace for
employees; and require any party to which it subcontracts any portion of the
work under the Contract to comply with the above provisions.
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7. A false certification or the failure to comply with the above drug-free
workplace requirements during the performance of the Contract shall be
grounds for suspension, termination or debarment.
8. The foregoing provisions will be inserted in all subcontracts for work covered
by this Contract.
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H. Operations Plan, Emergency Plan
Section 700: Operations Plan
1. After the Contract has been awarded and no less than ninety (90) days prior to
the Start Date, the Contractor shall prepare and submit to the County a
comprehensive and detailed Operations Plan, which describes in detail all
tasks, procedures and resources associated with the transition from the
&RXQW\¶VFXUUHQWContract for Garbage, Yard Waste, Recycling and Bulky
Waste collection to the awardees of this Contract. The Operations Plan, once
approved by the County, will become a part of this Contract.
2. The Operations Plan shall spell out in detail all costs, steps, tasks, activities,
events, procedures and resources necessary for the Contractor to provide for a
smooth and efficient transition from the County¶VFXUUHQWservice providers to
the Contractor awardees, with minimum disruption to the County¶V&XVWRPHU.
The Operations Plan will further contain a time line and completion date for
all such tasks and activities. The Contractor will ensure that certain essential
operations as set forth in the Operations Plan will not be interrupted by any
part of the transition. The Contractor shall seek the County¶V LQput in
developing the Operations Plan, and the Operations Plan shall not be deemed
final until accepted in writing by the County.
3. The Operations Plan shall be maintained by the Contractor, and shall be
updated and submitted to the County on a weekly basis throughout the
implementation phase to reflect the current status of all work. Aside from
updates to show tasks accomplished, no changes to the Operations Plan shall
be made without the prior written approval of the County.
4. The County shall have the right to audit, on its own behalf or through agents,
the Operations Plan and the progress of all work throughout the
implementation. The County or its agents shall be entitled to conduct audits
as it sees fit.
5. The Contractor will adhere to the schedule set forth in Operations Plan
regarding the transition and implementation of its Garbage, Yard Waste,
Recycling, and Bulky Waste. There shall be no extensions of the time periods
or completion dates set forth in the Operations Plan without the County¶V
written consent.
6. When stating days in the Operations Plan, it is to be based on Calendar Days.
7. Throughout the implementation phase weekly reports will be made to the
County regarding the progress of the transition.
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8. Samples of items to include in the operations plan would be;
a. Acquiring assets, preparing assets for collection, scheduling asset
inspections, etc.
b. Asset Inspections.
c. Developing asset inventory lists.
d. Setting up contractors offices.
e. Ensuring disposal stickers are purchased, and placed on vehicles.
f. Setting up routes, and creating service maps.
g. Procedures for notifying customers of new collection days.
h. Procedures for orientation of collection and Cart/Bin delivery personnel
including route coordination/cooperation with County staff.
i. Identifying handicapped/special needs customers.
j. Procedures for transmitting information to and from the County and the
Contractor
k. Procedures for applying, appealing and reversing liquidated damages.
l. Standards for electronic transfer of information.
m. Acquisition of bonds and insurance.
n. Developing an emergency plan.
Section 710: Emergency Plan
1. At least thirty (30) days prior to the Start Date, the Contractor shall submit an
Emergency Plan to the County which shall detail those actions which the
Contractor will take to deal with emergency situations such as extreme cold
temperatures, snow/ice, fire, or natural disaster which would require a
deviation from normal operating procedures.
2. The Emergency Plan shall also include emergency phone numbers of the
Contractor, and for key contact persons, such that a responsible contact person
is available to the County at all times. The Emergency Plan must also include
customer notification procedures.
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3. Upon submission of the Emergency Plan to the County, the County shall
approve or reject the Emergency Plan. If the Emergency Plan is rejected, the
Contractor and the County will begin negotiations to develop a mutually
agreeable Emergency Plan prior to the Start Date of the Contract.
4. The emergency plan shall be updated annually in the month of January.
Additional updates are required when items in the plan change or need
updated.
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I. Ancillary Provisions
Section 800: Assignment of Pledge of Monies by the Contractor
The Contractor shall not assign or pledge any of the monies due under this Contract
without securing the written approval of the surety on the performance bond as well as
the payment bond and providing at least thirty (30) days prior written notice to the
County RIVXFKDVVLJQPHQWVRUSOHGJHWRJHWKHUZLWKDFRS\RIWKHVXUHW\¶VDSSURYDO(s)
thereof. Such assignments or pledge, however, shall not release the Contractor or its
sureties from any obligations or liabilities arising under or because of this Contract.
Section 805: Assignment, Subcontracting, Delegation of Duties
1. The Contractor may not sub-Contract more than 50% of the total amount of
collections and total work under this Contract without the prior written
approval of the County. The Counties decision shall be final and binding.
2. Except for the subcontracting identified in the Contractor¶s proposal, the
Contractor shall not assign or subcontract or transfer any of the work or
delegate any of its duties under the Contract without the prior written approval
of the County, which approval may be withheld in the County¶V VROH
discretion. Notwithstanding the foregoing, the County¶VDSSURYDOVKDOOQRW
unreasonably be withheld if the Contractor proposes to assign or transfer this
Contract to an affiliate of the Contractor or to Contractors parent corporation,
provided that Contractor can establish to the reasonable satisfaction of the
County that (i) the assignee or transferee will operate the Contract in
substantially the same manner as the Contractor, will use substantially the
same management and collection personnel as Contractor, and possesses
substantially the same financial capabilities as Contractor and (ii) the assignee
or transferee is not affiliated in any way with the company that has a Contract
for residential collection with the County for the portion of the County outside
the Contractor Collection Area.
3. In the event of an assignment, subcontract, or delegation of duties, the
Contractor shall remain responsible for the full and faithful performance of
the Contract and the assignee, subcontractor, other obligor shall also become
responsible to the County for the satisfactory performance of the work
assumed. The County may condition its approval upon the delivery by the
assignee, subcontractor or other obligor of its covenant to the County to fully
and faithfully complete the work or responsibility undertaken.
4. During the term of this Contract, the Contractor shall not have an ownership
interest in any other company that has a Contract for residential collection
with the County.
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5. Should a Contractor sub-contract work under this contract, a sub-contract
contract/agreement shall be generated in writing. This agreement shall at a
minimum include the area to be serviced, the price that the sub-contractor
shall be paid, and the required sections under this contract that flow through to
a sub-contractor. A copy of said agreement(s) shall be provided to the County
within fourteen (14) days of execution.
Section 810: Audit and Inspections
1. During the term of the Contract and for a period of one (1) year after the
termination or expiration of the Contract for any reason, the County shall have
the right to audit, either itself or through an agent, the books and records
(including but not limited to technical records) of the Contractor to ensure the
&RQWUDFWRU¶VFRPSOLDQFHZLWKDOOWKHWHUPVDQGFRQGLWLRQVRIWKH&RQWUDFW
2. During the term of the Contract, the County shall have the right to inspect any
item deemed necessary to ensure that Contract provisions are/were being met.
This can include, but is not limited to; site visits to the office or other
locations used under this Contract, disposal locations, field, shop inspections
or equipment, etc.
Section 815: Contractor Will Not Sell or Disclose Data
The Contractor will treat as confidential information, all data in connection with the
Contract. County data processed by the Contractor shall remain the exclusive property of
the County. The Contractor will not reproduce, copy, duplicate, disclose or in any way
treat the data supplied by the County in any manner except as contemplated by this
Contract.
Section 820: No Publicity
No advertising, sales promotion or other materials of the Contractor or its agents or
representatives may be distributed to customers without prior written approval of the
County. The Contractor, its agents or representatives shall not reference this Contract or
the County in any manner without the prior written consent of the County.
Section 825: Contract Rights
1. The parties reserve the right to amend this Contract from time to time by
mutual agreement in writing.
2. Rights under this Contract are cumulative, and in addition to rights existing at
common law.
3. Payment by the County and performance by the Contractor do not waive their
Contract rights.
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4. Failure by either party on any occasion to exercise a Contract right shall not
forfeit or waive the right to exercise the right of another occasion. The use of
one remedy does not exclude or waive the right to use another.
Section 830: Open Records Act
Contractor acknowledges that County records including this Contract are subject to
*HRUJLD¶V Open Records Act.
Section 835: Interpretation
1. This Contract shall be interpreted as a whole and to carry out its purpose. This
Contract is an integrated document and contains all the promises of the
parties; no earlier oral understandings modify its provisions.
2. Captions are for convenient reference only. A caption does not limit the scope
or add commentary to the text.
Section 840: Law; Venue
The laws of the State of Georgia shall govern the validity, construction and effect of this
Contract. The venue for any claims, litigation or causes of action between the parties
shall be in the Superior Court of the Richmond County, Georgia.
Section 845: Discretionary Waiver of Right to a Jury Trial
The Contractor and County may waive all rights to have a trial by jury in any action,
proceeding, claim, or counterclaim brought by either of them against the other on any
matter whatsoever arising out of or in any way related to or connected with the Contract.
Section 850: Specific Performance and Injunctive Relief
The Contractor agrees that the services are critical to the County¶VRSHUDWLRQDQGWKDW
monetary damages are not an adequate remedy for the Contractors failure to provide
services as required by the Contract, nor could damages be the equivalent of the
performance of such obligation. Accordingly, the Contractor hereby consents to an order
granting specific performance of such obligations of the Contractor in a court of
competent jurisdiction within the State of Georgia. The Contractor further agrees that a
failure by it to perform the services in the manner required by the Contract will entitle the
County to injunctive relief.
Section 855: Notices
1. All official notices or approvals shall be in writing. Unless otherwise
directed, notices shall be delivered by messenger, by certified or registered
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mail, return receipt requested, or by fax to the parties at the following
respective addresses:
To the County: To the Contractor:
Assistant Director Contract Manager
4330 Deans Bridge Road P.O. Box 334
Blythe, GA. 30805 Evans, GA. 30809
(706) 592-9634 Phone (706) 860-2208 Phone
(706) 592-1658 Fax (706) ________ Fax
2. Either party may from time to time designate a new address for notices.
Unless a return receipt or other document establishes otherwise, a notice sent
by U.S. Mail shall be presumed to be received the third business day after its
mailing.
Section 860: Severability
Should any term, provision, condition, or other portion of this Contract or its application
be held to be inoperative, invalid, or unenforceable, and the remainder of the Contract
still fulfills its purposes, the remainder of this Contract or its application in other
circumstances shall not be affected thereby and shall continue in force and effect.
Section 865: Interest of the Parties
The Contractor covenants that its officers, employees and shareholders have no interest
and shall not acquire any interest, direct or indirect, which would conflict in any manner
of degree with the performance of services required under the Contract.
Section 870: No Bribery
The Contractor certifies that neither it, any of its affiliates or subcontractors, nor any
employees of any of the forgoing has bribed or attempted to bribe an officer or employee
of the County in connection with the Contract.
Section 875: Change in Control ± Legal Counsel
1. ,QWKHHYHQWRIDFKDQJHLQ³&RQWURO´RIWKH&RQWUDFWRU DVGHILQHGEHORZ WKH
County shall terminate the Contract for default unless the County has granted
prior written approval. Such approval shall be at the sole discretion of the
County. Any approval by the County for transfer of ownership or control
shall be contingent upon the perspective controlling party becoming a
signatory to the Contract and otherwise complying with the terms of the
Contract. The Contractor shall notify the County within ten (10) days after it
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becomes aware that a change in Control will occur. As used in the Contract,
WKHWHUP³&RQWURO´VKDOOPHDQWKHSRVVHVVLRQGLUHFWRULQGLUHFWRIHLWKHU
a. The ownership of or ability to direct the voting of, as the case may be fifty
one (51%) or more of the equity interest, value or voting power of the
Contractor; or
b. The power to direct or cause the direction of the management and policies
of the Contractor whether through the ownership of voting securities, by
Contract or otherwise.
Section 880: Force Majeure
1. The Contractor shall not be liable for any failure or delay in the performance
of its obligations pursuant to this Contract (and such failure or delay shall not
be deemed a default of this Contract or grounds for termination hereunder if
all of the following conditions are satisfied:
a. If such failure or delay
i. could not have been prevented by reasonable precaution, and
ii. cannot reasonably be circumvented by the non-performing party
through the use of alternate sources, work around plans, or other
means, and
b. If and to the extent such failure or delay is caused, directly or indirectly by
fire, flood, earthquake, hurricane, elements of nature or acts of God, acts
of war, terrorism, riots, civil disorders, rebellions, or revolutions, or court
order.
2. Upon the occurrence of an event which satisfies all of the conditions set forth
above, the Contractor shall be excused from any further performance of those
obligations pursuant to this Contract affected by the Force Majeure for as long
as;
a. Such Force Majeure event continues and,
b. The Contractor continues to use commercially reasonable efforts to
recommence performance whenever and to whatever extent possible
without delay.
3. Upon the occurrence of a Force Majeure event, the Contractor shall
immediately notify the County by telephone and confirmed in writing within
two (2) days of the occurrence of a Force Majeure and shall describe in
reasonable detail the nature of the Force Majeure. If any Force Majeure
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prevents the Contractor from performing its obligations for more than five (5)
days, the County may terminate this Contract.
4. Strikes, slow-downs, walkouts, lockouts and individual disputes are not
excused under this provision.
Section 885: Dispute Resolution
1. In the event of a dispute arising under this Contract, the parties shall continue
performance of their respective obligations under this Contract and shall
attempt to resolve such dispute in a cooperative manner. If the parties are
unable to resolve the dispute, then, in addition to and without waiving any
rights and remedies under this Contract or under civil or common law, the
parties may voluntarily agree to arbitration pursuant to the terms of this
section.
2. Within fifteen (15) days after agreement to arbitration has been reached, each
party shall submit the name of its own arbitrator, selected from a panel of
persons qualified by the American Arbitration Association and the two
arbitrators shall select a third arbitrator from such panel within fifteen (15)
days thereafter, or in case of a disagreement concerning the appointment of
the third arbitrator, the third arbitrator shall be appointed from such panel by
the presiding judge of Richmond County Superior Court. During such time
that the arbitrators are being selected or appointed, the parties shall continue
to negotiate in good faith to resolve their dispute in a cooperative manner.
3. The arbitrators shall apply applicable provisions of Georgia law in reaching
their determination. The determination by the arbitrators shall be final and
binding on the parties, and any judgment upon the award rendered pursuant to
such arbitration may be entered in any court having jurisdiction thereof. The
County and Contractor shall use their best efforts to conclude all arbitration
proceedings involving fee and rate adjustment disputes within thirty (30) days
following the commencement of such arbitration proceedings. Any arbitration
determination granting an increase in fees or rates may include an award of
interest at the statutory rate until the date the increase becomes effective.
4. The arbitrators shall have the authority, but shall not be required, to award to
the prevailing party in the arbitration proceedings reasonable attorneys fees,
expert and non-expert witness costs and expenses, and all other reasonable
costs and expenses incurred directly or indirectly in connection with the
proceedings provided, however, the costs of the arbitrators shall be shared
equally by the parties.
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____________________________
___________________________________ Augusta, Georgia (Augusta-
Richmond County, Georgia)
By:__________________________
As its Mayor
Attest:
_________________________________
Clerk of Commission
The foregoing Contract is hereby executed by the below-listed parties:
Contractor:___________________
By:_________________________
As its:_______________________
Sworn to and subscribed before me this _____ day of
____________________, 2005.
_______________________________
Notary Public
My Commission Expires:__________________
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Example From Section 146
Assumptions
1. Cart rental rate in Exhibit B = $2.00
2. County elects to replace 250 carts.
3. Carts were received by the contractor on the 15th of the month.
Calculations
Proration Amount
1. ($2.00/31) = $.0645 (cents per day per cart)
2. ($.0645*15) = $.9675 (prorated amount per cart based on date received)
3. ($.9675*250) = $241.88 (amount owed based on prorated amount and the
number of carts)
Implementation Amount
1. ($.0645*14) = $.903 (prorated amount multiplied by allowed implementation
days)
2. ($.903*250) = $225.75 (amount owed based on 14 days implementation
multiplied by 250 carts)
Total owed to Contractor
$241.88 for prorated amount plus $225.75 for implementation period = $467.63
5. The County may ship the Contractor Carts which are assembled, unassembled,
in single, limited, or truckload quantity.
6. All cost(s) associated with assembly and delivery of said carts shall be that of
the Contractor.
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Exhibit A: Collection Area(s)
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Exhibit B: Rate Table
Services Twice per week Once per week
Garbage $9.90
Recycling $1.15
Yard Waste $1.75
Bulk Waste $0.95
Monthly Collections Cost $13.75
Additional Services Monthly
Cart Rental Fee (per garbage cart provided by Contractor)$0.75
Extra Garbage Collection (per additional cart serviced)$5.00
Extra Recycling Collection (per additional cart serviced)$0.60
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Exhibit C: Force Majeure Rate Table
Rate Rate Per
10 Yard Roll Off $125.00 Pull
20 Yard Roll Off $125.00 Pull
30 Yard Roll Off $150.00 Pull
40 Yard Roll Off $0.00 Pull
Regular Time Rate Overtime Rate Rate Per
15-24 Yard Rear Load (Driver and Helper)$100.00 $117.50 Hour
25 Yard or Larger Rear Load (Driver and Helper)$115.00 $135.00 Hour
15-24 Yard Side Load (Driver) N/B $0.00 Hour
25 Yard or Larger Side Load (Driver) N/B $0.00 Hour
25 Yard or Larger Front Load (Driver and work can) N/B $0.00 Hour
Additional Laborer (per person as requested)$15.00 $22.50 Hour
Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per
1 Skid Loader /Bob Cat $95.00 $125.00 Hour
2 $0.00 $0.00
3 $0.00 $0.00
4 $0.00 $0.00
5 $0.00 $0.00
6 $0.00 $0.00
7 $0.00 $0.00
8 $0.00 $0.00
9 $0.00 $0.00
10 $0.00 $0.00
Attachment number 4
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Exhibit D: Eviction, Vacant Lot, Special Clean-up
Rate Rate Per
10 Yard Roll Off $125.00 Pull
20 Yard Roll Off $125.00 Pull
30 Yard Roll Off $150.00 Pull
40 Yard Roll Off N/B Pull
Regular Time Rate Overtime Rate Rate Per
Rear Load (Driver)$85.00 $95.00 Hour
Side Load (Driver)N/B $0.00 Hour
Front Load (Driver and work can) N/B $0.00 Hour
Additional Laborer (per person as requested)$15.00 $22.50 Hour
Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per
1 Loader/Bod Cat $95.00 $125.00
2
3
4
5
6
7
8
9
10
Attachment number 4
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CORPORATE CERTIFICATE
I, ______________________________ certify that I am the Secretary of the corporation
named as Contractor in the attached Contract; that _______________________________
who signed said Contract on behalf of the Contractor was then _____________________
of said corporation; that said proposal was duly signed for and in behalf of said
corporation by authority of its Board of Directors, and is within the scope of its corporate
powers; that said corporation is organized under the laws of the State of
_________________________.
This ____ day of _______________,2005
Corporate
Secretary:______________________________________
(name signed)
________________________________________
(name printed or typed)
(SEAL)
Attachment number 4
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NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of ____________________ County of ____________
I, ________________________________ being first duly sworn, deposes and says that:
He or she is _______________________ of___________________, the Bidder that has
submitted the attached Bid:
He or she is fully informed respecting the preparation and contents of the attached Bid
and of all pertinent circumstances respecting such Bid.
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this Affiant, has in any way colluded,
conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person
to submit a collusive or sham Bid in connection with the Contract for which the attached
Bid has been submitted or to refrain from bidding in connection with such Contract, or
has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder, firm or person to fix the price or
prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost
element of the Bid price or the Bid price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City
of Augusta or any person interested in the proposed Contract; and
Continued to the next page
Attachment number 4
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The price or prices quoted in the attached Bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or
any of its agents, representatives, owners, employees, or parties in interest, including this
Affiant.
BIDDER:________________________________
By:_____________________________________
(name signed)
________________________________________
(name printed or typed)
Date:____________________________________
Subscribed and sworn to me this ____ day of _________________, 2005
NOTARY PUBLIC: _____________________________
(name signed)
______________________________________________
(name printed or typed)
Commission Expires: ____________________________
(SEAL)
Attachment number 4
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74
NONCOLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of______________________________
County of
I, ________________________________ being first duly sworn, deposes and says that:
1. He or she is ___________________________________________________
(Owner, Partner, Officer. Representative, or Agent)
RIBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBKHUHLQDIWHUUHIHUUHGWRDVWKH³6XEFRQWUDFWRU´
2. He or she is fully informed respecting the preparation and contents
RIWKH6XEFRQWUDFWRU¶V3URSRVDOVXEPLWWHGE\WKHSubcontractor to _____________
the Contractor for certain work in connection with the _________________________
Contract pertaining to the Project in _____________________________
3. 6XFK6XEFRQWUDFWRU¶V3URSRVDOLVJHQXLQHDQGLVQRWDFROOXVLYHRUVKDP Proposal;
4. Neither the Subcontractor nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, has in any way
colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm
or person to submit a collusive or sham Proposal in connection with such Contract or to
refrain from submitting a Proposal in connection with such Contract, or has in any
manner, directly or indirectly, sought by unlawful agreement or connivance with any RWKHU%LGGHUILUPRUSHUVRQWRIL[WKHSULFHRUSULFHVLQVDLG6XEFRQWUDFWRU¶V3URSRVDORU
to secure through collusion, conspiracy, connivance or unlawful agreement any
advantage against Augusta-Richmond County or any person interested in the proposed
Contract; and
5. 7KHSULFHRUSULFHVTXRWHGLQWKH6XEFRQWUDFWRU¶V3URSRVDODUHIDLUDQGSURSHUDQGDUH
not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of
the Bidder or any of its agents, representatives, owners, employees, or parties in interest,
including this affiant.
(Signed) ______________________________________
(Title)________________________________________
Subscribed and Sworn to before me this _________ day of _________, 2005
________________________________________
________________________________________ (Title)
My commission expires __________________________
(Date) (SEAL)
Attachment number 4
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75
NOTICE OF AWARD
To: Bill Polonus ± Augusta Disposal & Recycling
P.O. Box 334
Evans, GA. 30809
Project Description: ³6ROLG:DVWH&ROOHFWLRQV&RQWUDFW´
The Owner has considered the Bid submitted by you for the above-described work in response to
its Invitation to Bid and Information from Bidders.
You are hereby notified that your Bid has been accepted for items in the amount
determined by the contract based on the financial bids submitted for this contract, which will
become a part of this Contract as Exhibit B, C, and D.
You are required by the Information for Bidders/Contract Documents to execute the Agreement
DQGIXUQLVKWKHUHTXLUHG&RQWUDFWRU¶V3HUIRUPDQFH%RQG3D\PHQW%RQGDQGFHUWLILFDWHVof
insurance within fifteen (15) calendar days prior to the start date of the contract. However, in any
FDVHD³1RWLFHWR3URFHHG´ZLOOQRWEHJLYHQXQWLOWKHDERYH mentioned items are received. Early
delivery of said documents will expedite the contracting process. Augusta recommends
VXEPLVVLRQRIWKHUHTXLUHGERQGVDQGLQVXUDQFHZLWKWKHH[HFXWHG³1RWLFHRI$ZDUG´7KHVH
items may have an effective date of January 1, 2006.
If you fail to execute said Contract within thirty (30) days from the date of this Notice, Augusta
will be entitled to consider all your rights arising out of the Counties acceptance of your Bid as
abandoned and such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the County.
Dated this 10th day of October, 2005.
Augusta-Richmond County_____________________________
By:_________________________________________________
Name and Title: Geri Sams, Director of Procurement_________
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by __________________ this the
_____ day of __________________,2005.
By: _____________________________________________
Name and Title: _____________________________________
Attachment number 4
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NOTICE TO PROCEED
To:
Project Description: ³6ROLG:DVWH&ROOHFWLRQV&RQWUDFW´
You are hereby notified to commence work in accordance with the contract dated
_______________, 2005, on or before January 1,2006 and you are to comply with all
terms, conditions, provisions, etc. as identified in the executed Contract.
Dated this ______day of___________________________,2005.
Augusta Richmond County___________________
By: _____________________________________
Name and Title:____________________________
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by________________
this the _____ day of ___________________, 2005.
By:__________________________________________
Name and Title:________________________________
Attachment number 4
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77
&(57,),&$7(2)$8*867$¶6 ATTORNEY
I, the undersigned, Stephen E. Shepard, the duly authorized and acting legal
representative of Augusta-Richmond County, do hereby certify as follows:
I have examined the attached Contract(s) and surety bonds and the manner of
execution thereof, and I am of the opinion that each of the aforesaid agreements
has been duly executed by the proper parties thereto acting through their duly
authorized representatives; that said representatives have full power and
authority to execute said agreements on behalf of the respective parties named
thereon; and that the foregoing agreements constitute valid and legally binding
obligations upon the parties executing the same in accordance with terms,
conditions and provisions thereof.
____________________________
(Signature)
Date:________________________
End of Contract
Attachment number 4
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Item # 30
Attachment number 5
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1
Contents
A. Overview Page #
Section 5: Purpose and Intent 4
Section 10: Negotiation Costs 4
Section 15: Contract Term 4
Section 20: Incorporation of Exhibits 5
Section 25: Contract Limitations 5
Section 30: Definitions 5
Section 35: County Responsibilities 7
Section 40: &RQWUDFWRU¶V5HVSRQVLELOLWLHV 8
Section 45: Contractor¶s Representations and Warranties 8
Section 50: County Representations and Warranties 9
Section 55: OSHA and Georgia Law Compliance 10
Section 60: Vehicles Used in Collection 11
Section 62: Spare Vehicles 12
Section 65: One Vehicle One Purpose 12
Section 70: Disposal/Vehicle Inspections and Permits 13
Section 75: Vehicle Specifications 13
Section 80: Ownership of Equipment 14
Section 85: Asset Maintenance and Inventory 14
Section 90: Traffic Laws, Noise Control 14
Section 95: Contractor¶s Office 15
B. Collection Services
Section 100: Collection Area 16
Section 102: Days of Collection 16
Section 104: Garbage Collection 16
Section 106: Yard Waste Collection 17
Section 108: Recycling Collection 18
Section 110: Bulky Waste Collection 19
Section 112: Additional Carts 20
Section 114: Place of Collection 20
Section 116: Collection from Additional Locations 21
Section 120: Force Majeure Clean Up 21
Section 122: Eviction, Vacant Lot, Special Clean-up 22
Section 124: County Clean Up Events 23
Section 126: Time of Collection 24
Section 128: Scheduling of Collection 24
Section 130: Work on County Property 25
Section 132: Disposal and Recycling Locations 25
Section 134: Ownership of Materials Collected 26
Section 136: Scavenging 26
Attachment number 6
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Section 138: Holiday Schedule 27
Section 140: Service Disruptions Due to Weather 27
Section 142: Service Disruptions ± Non Weather 27
Section 144: Missed and Make-up Collections 28
Section 146: Contract Carts 30
Section 148: Supplying Garbage Carts 30
Section 150: Supplying Recycling Bins 31
Section 152: Cart/Bin Storage 32
Section 154: Minimum Cart/Bin Percentage 33
Section 156: Cart/Bin Replacement Cost 33
Section 158: Delinquent and Closed Accounts 33
Section 160: Meetings and Communication 33
Section 162: Program Information During Contract Start-Up 34
Section 164: Program Information 35
C. Manner of Collection
Section 200: Contractor¶s Responsibility 36
Section 210: Employee Conduct 36
Section 220: Employee Uniforms 37
Section 230: Spillage 37
Section 240: Damage Claims 38
Section 250: Customer Grievances 38
D. Reporting Requirements
Section 300: Report/Information Specifications 39
E. Compensation
Section 400: Payment for Collection Services 40
Section 410: Payment Procedure 40
Section 420: Contract Unit Price 41
Section 430: Adjustments 41
Section 440: Wage Increases for Employees 42
Section 450: Withholding and Payment of Tax Liens and Judgments 42
F. Security, Liability, Damages
Section 500: Payment Bond 43
Section 510: Performance Bond 43
Section 520: Default of Contractor 44
Section 530: Commitment of Equipment 46
Section 540: Insurance 47
Section 550: Indemnity 50
Section 560: Liquidated Damages 50
Attachment number 6
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G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Employment Opportunity 53
Section 610: Equal Employment Opportunity ± Implementation 53
Section 620: Drug-Free Workplace 54
H. Operations Plan, Emergency Plan
Section 700: Operations Plan 56
Section 710: Emergency Plan 57
I. Ancillary Provisions
Section 800: Assignment of Pledge on Monies by the Contractor 59
Section 805: Assignment, Subcontracting, Delegation of Duties 59
Section 810: Audit and Inspection 60
Section 815: Contractor Will Not Sell or Disclose Data 60
Section 820: No Publicity 60
Section 825: Contract Rights 60
Section 830: Open Records Act 61
Section 835: Interpretation 61
Section 840: Law; Venue 61
Section 845: Discretionary Waiver of Right to a Jury Trial 61
Section 850: Specific Performance and Injunctive Relief 61
Section 855: Notices 61
Section 860: Severability 62
Section 865: Interest of the Parties 62
Section 870: No Bribery 62
Section 875: Change in Control 62
Section 880: Force Majeure 63
Section 885: Dispute Resolution 64
Other Items
Signature page 65
Example from section 146 66
Exhibits 67
End of Contract 76
Attachment number 6
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SOLID WASTE COLLECTION CONTRACT
BETWEEN AUGUSTA, GEORGIA (AUGUSTA RICHMOND COUNTY)
AND INLAND SERVICE CORPORATION
This solid waste collection Contract is entered into by and between, Augusta,
Georgia, a consolidated local government, which is both a municipal corporation
and a County, being a political subdivision of the State of Georgia, [by and through
Augusta Richmond County¶V Solid Waste Department] KHUHLQDIWHU ³&RXQW\´ RU
³Augusta´ and Inland Service Corporation RI$XJXVWD³&RQWUDFWRU´WRSURYLGHIRU
Garbage, Yard Waste, Recycling and Bulky Waste collections from Units located
within the Collection Area (as hereinafter defined).
The parties, in consideration of the promises, representations and warranties
contained herein, agree as follows:
A. Overview
Section 5. Purpose and Intent ± Legal Relationship of Parties
This Contract creates the legal relationship of independent Contractor by and between
Inland Service Corporation and the ³&RXQW\´
This Contract engages Inland Service Corporation of Augusta to collect Garbage, Yard
Waste, Recycling and Bulky Waste from Units within the Collection Area.
Section 10. Negotiation Costs
The Contractor shall bear its own cost of negotiating this Contract and developing all
required materials. The County shall not be charged for any services or other work
performed prior to the Start Date.
Section 15. Contract Term
This Contract is entered into on this _____ day of ________________, 2005 ³(IIHFWLYH'DWH´ . The collection services will begin on January 1, 2006 (³Start Date´) and continue
for a term of five (5) years, ending at Midnight December 31, 2010. The County and
Contractor through mutual agreement may extend this Contract for two (2) successive
one (1) year periods. The County must provide Contractor a minimum of 90 days notice
of its intent to extend the Contract. If the County extends this Contract, the same terms,
conditions, and methods of payment shall apply during the extension period.
&RXQW\¶VSD\PHQWREOLJDWLRQKHUHXQGHUIRUVXFFHHGLQJILVFDOSHriods shall be subject to
availability and appropriation of funds. In the event County does not appropriate funds,
at the beginning of a fiscal year for this Contract, said Contract shall terminate.
Attachment number 6
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Section 20: Incorporation of Exhibits
1. The Contractor and the County acknowledge and agree that each of the
following exhibits is attached to this Contract and is incorporated into and
made a part of this Contract by reference:
Exhibit A: Collection Area
Exhibit B: Rate Table
Exhibit C: Force Majeure Rate Table
Exhibit D: Eviction/Vacant Lot Rate Table
2. If there is a conflict between any exhibit and the Contract, the provisions of
the exhibit shall prevail.
Section 25: Contract Limitations
At the time of award, the Contractor shall not be awarded or have control of more than
50% of the total number of Units.
During the term of the agreement, no Contractor shall have control of more than fifty
percent (50%) of the total number of Units. An exception will be made for natural
population growth within a Collection Area.
Section 30. Definitions
In addition to Capitalized terms that are defined elsewhere, the following meanings
apply:
Bins: A water-tight plastic container that is provided by the County, that
shall not be less than 65 gallons in capacity, fitted with a sturdy
handle, roll able and a tight fitting lid, for the purpose of collecting
Recycling.
Bulky Waste: Refers to furniture, appliances, tires, and other items too large to be
reasonably placed into a Cart as defined herein with a size limit of,
not larger than five (5) feet in length, five (5) feet in height and ten
(10) feet in width. Construction debris shall be limited to an
amount that is equal to 25% of the allowable pile by volume.
C&D: Construction/Demolition waste means waste of building materials
and rubble resulting from construction, remodeling, repair and
demolition operations on pavements, houses and other structures.
Such wastes include but are not limited to wood, lumber, wall
Attachment number 6
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board, concrete, brick, metals, and other items attributed to
construction and demolition.
Cart: A water-tight plastic container that is provided by the Contractor,
that shall not be less than 95 gallons in capacity, fitted with a
sturdy handle, roll able and a tight fitting lid, for the purpose of
collecting Garbage.
County: Augusta, Georgia (Augusta-Richmond County, Georgia)
Collection Area: The physical area for which the Contractor has been contracted to
provide services to.
Contractor: Individual or firm contracted to provide services under this
Contract.
Contract: Document containing all provisions and specification that Augusta
and the Contractor must abide by and/or meet.
Garbage: All discarded waste, food, paper, glass, plastic, leather, textiles,
cans, and/or other materials normally associated with common
household waste.
Handicapped/
Special Needs: Individual(s) who can provide verifiable proof of a disability, a
limitation, or a special need which limits their ability to place
waste to the curb or right of way.
Hazardous Waste: Refers to Hazardous Waste, which is defined and published in the
Georgia Hazardous Waste Management Act (Official Code of
Georgia Annotated § 12-8-61, et. seq.) and incorporated herein by
reference. Hazardous Waste is potentially dangerous by-products
of our highly industrialized society, which cannot be handled,
treated, or disposed of without special precautions. Hazardous
Waste includes, but is not limited to, ignitable, corrosive, reactive,
and toxic wastes such as acetone, gasoline and industrial alcohols,
alkaline cleaners, acids, cyanide and chlorine, arsenic, pesticide
wastes, paint, caustics, infected materials, offal, fecal matter
(human and animal) and explosives. Hazardous Waste does not
include solid waste that is Household Waste, including household
waste that has been collected, transported, stored, treated,
disposed, recovered (e.g. refused-derived fuel) or reused, all as
defined by the Georgia Hazardous Waste Management Act.
Holiday Overloads: Extra waste generated in association with a Federal, State, or
Locally recognized holiday.
Attachment number 6
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Red Tag: A notification given to the customer for the purposes of
informing/educating with the intent of eliminating future issues
related to collections of Garbage, Recycling, Yard Waste, and
Bulky Waste.
Recycling: Refers to paper, cardboard, newspaper, plastic, aluminum, bi-
metal, steel, tin, and other items determined to be recyclable by the
County.
Section: A defined subset of customers within the Collection Area.
Tire: Any rubber cushioning from a wheel which will include
automobiles, trucks, bicycles, and other small vehicles, not to
exceed seventeen (17) inches.
Unit: A location approved to have the service(s) under this Contract.
Yard Waste: Plant material (leaves, grass clippings, branches, brush, flowers,
roots, wood waste, etc.); debris commonly thrown away in the
course of maintaining yards and gardens, including sod; and
biodegradable waste as approved by the County, but excludes
loose soil, Garbage, food waste, plastics, synthetic fibers, lumber,
human or animal excrement, or soil contaminated with hazardous
substances.
Section 35: County Responsibilities
The County shall be responsible for:
1. Making timely payments required by this Contract.
2. Inspecting Contractor performance, mediating and adjusting customer
grievances. The County may require special and other services as
contemplated in this Contract.
3. Specifying each FXVWRPHU¶V level and type of collection service.
4. Supply Carts and/or Bins as defined by this agreement.
5. Pay disposal costs as defined by this agreement.
Attachment number 6
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8
Section 40: Contractor¶s Responsibilities
The Contractor shall be responsible for:
1. Furnishing all skilled labor, equipment, materials, supplies and utility services
required for providing all services in accordance with this Contract unless
otherwise noted within the Contract.
2. All actions and activities of its subcontractors.
3. Supplying all records, reports, and information required by this Contract.
4. Securing at Contractor¶s expense, all governmental permits and licenses and
required regulatory approvals (including all required by County Ordinances).
5. Timely paying of all applicable taxes.
6. Complying with applicable laws and regulations.
7. Performing all work in a timely, professional manner.
8. All wage increases for Contractor¶s collectors or other employees, any
benefits or added costs resulting from changes in technology, laws,
regulations, labor, supplies, practices, availability of equipment, and other
business risks that may affect the performance of this Contract.
a. Should there be an extraordinary change in a law(s), rules, or regulations
related to fuel taxes, disposal fees, or the addition or imposition of solid
waste fees or taxes on services that impact the true cost of this contract,
the Contractor and/or the County shall have the right to petition for an
equitable adjustment.
Section 45: Contractors Representations and Warranties
1. Organization and Qualification. The Contractor is duly incorporated or
otherwise legally organized and, validly existing and in good standing under
the laws of the State of Georgia, and has all requisite power and authority to
enter into and perform its obligations under this Contract.
2. Authority.
a. The Contractor has the authority to execute this Contract, to make the
representations and warranties set forth in it and is appropriately skilled,
organized and financially able to perform the obligations of Contractor
under this Contract in accordance with its terms.
Attachment number 6
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9
b. This Contract has been validly executed by the authorized representatives
of the Contractor and constitutes a legally binding, enforceable obligation
of Contractor.
3. Government Authorizations and Consents. The Contractor has or will obtain
prior to the commencement date such licenses, permits, and other
authorizations from federal, state, and other governmental authorities, as are
necessary for the performance of its obligations under this Contract.
4. Compliance With Laws. The Contractor is not in violation of any applicable
law, ordinance or regulation, the consequence of which will or may materially
affect Contractor¶s ability to perform its obligations under this Contract. The
Contractor is not subject to any order or judgment of any court, tribunal, or
governmental agency which could materially and adversely affects its
operations or assets in the State of Georgia, or its ability to perform its
obligations under this Contract.
5. Accuracy of Information. None of the representations or warranties in this
Contract and none of the documents, statements, certificates or schedules
furnished or to be furnished by Contractor pursuant hereto or in connection
with the performance of the obligations contemplated under this Contract,
contains or will contain any untrue statement of a material fact or omits or will
omit to state a material fact necessary to make the statements of fact contained
therein not misleading.
6. Independent Examination. In accepting these responsibilities, the Contractor
represents and affirms that it has made its own examination of all conditions,
facilities, and properties affecting the performance of this Contract and of the
quantity and expense of labor, equipment, materials needed, and of applicable
taxes permits and laws. The Contractor affirms that within the Collection
Area/Section(s) it is aware of the present placement of collection Carts at the
curb, alley, or backyard locations, and the present location of
Handicapped/Special Needs customers. The Contractor represents and
warranties that it is capable of continuing to collect Carts from their present
locations.
Section 50: County Representations and Warranties
The County represents and warrants to the Contractor as follows:
1. Organization and Qualification. The County is a political subdivision of the
State of Georgia and has all requisite corporate power and authority to enter
into and perform its obligations under this Contract.
Attachment number 6
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10
2. Authority.
a. The County has the authority to execute this Contract, to make the
representations and warranties set forth in it and to perform the obligations
of the County under this Contract in accordance with its terms.
b. This Contract has been validly executed and constitutes a legally binding
and enforceable obligation of the County.
3. Government Authorizations and Consents. The County has such licenses,
permits and other authorizations, as are necessary for the performance of its
obligations under this Contract, and no consent, approval, or authorization of
or declaration, registration or filing with any governmental or regulatory body
is required to be obtained or made by the County as a prerequisite to its
execution of this Contract or its performance of its obligations contemplated
hereby.
4. Compliance With Laws. The County is not in violation of any applicable law,
ordinance or regulation, the consequence of which will or may materially
affect the CounW\¶VDELOLW\WRSHUIRUPLWVREOLJDWLRQVXQGHUWKLV&RQWUDFW7KH
County is not subject to any order or judgment of any court, tribunal, or
governmental agency which materially and adversely affects its operations or
its ability to perform its obligations under this Contract.
5. Accuracy of Information. None of the representations or warranties in this
Contract and none of the documents, statements, certificates or schedules
furnished or to be furnished by the County pursuant hereto or in connection
with the performance of the obligations contemplated under this Contract,
contains or will contain any untrue statement of a material fact or omits or will
omit to state a material fact necessary to make the statements of fact contained
therein not misleading.
Section 55: OSHA & Georgia Law Compliance ± Health & Environmental
1. The Contractor shall comply with the Federal Occupational Safety and Health
Act of 1970, as amended (OSHA) and the Official Code of Georgia and with
the standards and regulations issued to implement these statutes from time to
time.
2. The Contractor is also responsible for meeting all pertinent local, state and
federal health, safety and environmental laws, regulations, and standards
applying to collection of Garbage, Yard Waste, Recycling and Bulky Waste.
Attachment number 6
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Section 60: Vehicles Used in Collection
1. All vehicles used for collection shall be registered with the State of Georgia
Department of Motor Vehicles, and shall be kept in a clean and sanitary
condition and a state of good appearance and repair, and shall be painted in a
uniform manner.
2. All collection vehicles shall be painted by Contractor in Contractor¶s color(s).
Color(s) and color schemes are subject to approval by the County, in its
reasonable discretion. Vehicles shall be uniquely numbered. &RQWUDFWRU¶V
name and vehicle number shall be painted in a contrasting color, at least four
inches high on each side of the vehicle and on the rear of the vehicle. The
Contractor shall place a sign and/or text as determined by the County, which
may include a County customer service telephone number on all collection
vehicles on each side and the rear of the vehicle. All collection vehicles shall
be kept in a clean and sanitary condition.
3. All collection vehicles or personnel must be equipped with a communication
device (i.e. cell phone or radio) which allows for immediate communication
between the collection vehicle and a supervisor, and/or the &RQWUDFWRU¶V
office.
4. Collection vehicles shall be sufficient to service all participating Units for
which they are intended to service at the frequency of collection specified and
able to handle special requirements of the Contract including adverse weather
and holiday overloads.
5. All vehicles used by management personnel, including route supervisors,
operations manager, etc. shall be equipped with cell phones with voice mail so
that they can be contacted by the County.
6. All vehicles operated under the authority of this Contract shall be driven in
compliance with Uniform Rules of the Road and Georgia State traffic laws
and, where applicable, the County¶Vcodes, ordinances, and rules.
7. TKH &RQWUDFWRU¶V FROOHFWLRQ YHKLFOHV VKDOO EH XVHG RQO\ RQ WKLV &RQWUDFW,
unless advanced written approval is given by the County. The Contractor may
use collection vehicles from other sources or use Contract vehicles for other
operations only with the prior written approval of the County. Should the
County authorize either of the above mentioned approvals, at no time may
non-contract waste be included with Contract waste. This provision is subject
to Section 560.
8. The Contractor shall not park or store any collection vehicles on County
property. Should the County identify that a vehicle violates this provision; the
Contractor shall be notified by phone, fax, or e-mail. Should the vehicle not
be removed in a reasonable period, or should the vehicle become a nuisance, a
safety issue, or an operational issue, the vehicle will be towed out of the way
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or to the Contractors shop, at the Counties discretion, at the sole expense of
the Contractor. Said expense will be deducted from the amount owed to the
Contractor for the current month.
9. The Contractor shall make a reasonable effort to empty each collection
vehicle at the end of each day.
Section 62: Spare Vehicles
1. The Contractor shall have a minimum spare ratio sufficient to provide quality
service under this Contract. Spare vehicles shall be allowed to collect from
any route, collecting any material. Spare vehicles shall meet the appropriate
standards set forth herein for normal vehicles. Spare vehicles will be counted
toward the average age of the fleet.
2. The Contractor shall be responsible for ensuring that spare assets are available
for each subcontractor to meet the above stated standard.
3. When a spare vehicle is used, notification to the County must be received in
advance. The advanced notice shall include at a minimum, the date, truck
number, route it will be servicing, and commodity serviced. Other
information may be reasonably requested by the County. Advance notice type
shall be by fax or e-mail, or other reasonable communications as determined
by the County.
Section 65: One Vehicle One Purpose
Under this Contract, each collection vehicle shall be designated to collect one (1) type of
material such as Garbage, Yard Waste, Recycling, or Bulky Waste. The collection
vehicle may not be allowed to switch commodities collected without the prior written
approval of the County.
Consideration will be given to Contractors wishing to:
1. Utilize multi-collection type vehicles.
2. Technology and/or processing advances.
3. Bulky waste collections, as long as materials are acceptable at the appropriate
disposal site.
4. Improve utilization of assets.
5. Other considerations as may arise.
Any consideration request muVW EH PDGH LQ ZULWLQJ 7KH &RXQW\¶V GHFLVLRQ WR WKH
consideration request shall be final and binding.
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Section 70: Disposal/Vehicle Inspections and Permits
1. The Contractor is responsible for any and all fees associated with disposal
permits, inspection fees, truck stickers, etc. These permits shall be timely
obtained and/or posted and/or may be required by a solid waste disposal site, a
licensing authority, a government, by truck, by commodity or some other
item or combination.
2. The County landfill will charge a one hundred dollar ($100) annual fee for
each disposal sticker required.
3. Prior to the Start Date, and annually thereafter, the County shall have the right
to inspect all vehicles used to perform the Contract. The vehicle shall, at a
minimum, meet the Federal Department of Transportation standards, as well
as requirements listed in this Contract. A fee or reimbursement may be
collected from the Contractor for each individual inspection in an amount not
to exceed one hundred and fifty dollars ($150) per inspection. Should a
vehicle not pass inspection, the Contractor shall remedy any inspection
deficiency identified and have the vehicle re-inspected. All expenses
associated with the repair and re-inspection shall be the sole responsibility of
the Contractor.
4. The County may do random spot inspections as it deems reasonably
necessary.
5. Should the vehicle not pass inspection, the vehicle shall not be used under this
Contract until the vehicle has been repaired and passes such re-inspection.
Section 75: Vehicle Specifications
1. On or before the Start Date of this Contract, all vehicles used in collections
shall be in good operating order. All collection equipment used under this
Contract shall meet all applicable state and federal safety standards.
2. At no time shall the average age of vehicles used in the collection Contract
exceed five (5) years in age for any Contractor, the subcontractors vehicles are
attributed to the Contractor's fleet.
3. Should a vehicle use a cart tipper/dumper, it shall be designed to empty carts
pursuant to ANSI Z245.60-1999 and ANSI Z245.30-1999. Cart
tippers/dumpers which do not meet this requirement shall not be used. If a
cart tipper/dumper is used that does not meet the above mentioned
specification, the Contractor shall be responsible for all damages to Carts to
include the cost of repair or replacement.
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4. All collections vehicles used to perform functions under this Contract shall be
equipped with the following in complete and sound working order:
a. Ambient noise back-up alarm.
b. Back-up camera with monitor visible from any driving position.
c. A 10 pound fire extinguisher.
d. A first aid kit.
e. Minimum of three safety marking devices (flares, or reflective triangles).
f. A rear-mounted strobe light activated while collecting materials.
g. Spill kit of a size to handle operational spills.
5. All supervisors vehicles used to perform functions under the Contract shall be
equipped with the following in complete and sound working order:
a. A 10 pound fire extinguisher.
b. A first aid kit.
c. Minimum of three safety marking devices (flares, or reflective triangles).
d. Spill kit of a size to handle operational spills.
Section 80: Ownership of Equipment
1. All vehicles, facilities, equipment, and property used in the performance of
this Contract shall be wholly owned by the Contractor, provided, that leases,
conditional sales contracts, mortgages, or other agreements for the use or
financing the purchase of vehicles, facilities, equipment, and property may be
allowed with the prior written approval of the County.
2. No further encumbrance shall be placed upon any such vehicles, facilities,
equipment, and property without the prior written approval of the County.
Section 85: Asset Maintenance and Inventory
The Contractor shall provide the County, prior to the Start Date, a complete inventory
showing property, buildings, key assets, and each vehicle (make, model, type, capacity,
age, commodity collected, truck number, and VIN) used for performing the Contract.
The Contractor may change equipment from time to time with the prior written approval
of the County, not to be unreasonably withheld. The Contractor shall maintain assets and
a vehicular fleet during the performance of the Contract at least equal substantially to that
described in the inventory.
Section 90: Traffic Laws, Noise Control
All vehicles must operate in conformity with all federal, state and local laws, rules, or
ordinances related to traffic and noise control.
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Section 95: Contractor¶s Office
The Contractor shall maintain within fifteen (15) miles of Augusta, Georgia (Augusta-
Richmond County) an office with local telephone service and such staff as needed to
receive and respond to complaints, requests for missed collections, and other
coordination with citizens and County staff. Phone service shall include phone lines and
voice mail adequate to handle the citizens¶ and the Count\¶V demand as reasonably
necessary, cable modem internet access or equivalent speed, as well as designated e-mail
account(s) to be used with this Contract. Any voice message or e-mail shall be responded
to/UHWXUQHGE\WKH&RQWUDFWRU¶VRIILFHVWDIIZLWKLQVL[W\ PLQXWHV2IILFHKRXUVVKDOO
be 8:00 a.m. to 5:00 p.m., Monday through Friday. The office shall be open 8:00 a.m. to
noon any Saturday after a holiday, or on any Saturday that a regularly scheduled route is
operated. The Contractor shall also provide a local telephone number where the
Contractor may be contacted at any time by the County.
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B. Collection Services
Section 100: Collection Area
The Contractor shall provide all collection services called for in this Contract within the
following area:
See Exhibit A for a general overview of the Collection Area(s), however;
The County will assign and the Contractor will retain their currently awarded/designated
Collection Areas. For Contractors utilizing subcontractors, the subcontractor(s)
Collection Areas/Sections may not be altered from their existing state without the prior
written approval of the County.
The County reserves the right to request and/or negotiate with the Contractors to
swap/exchange portions of Collection Areas throughout the life of this Contract.
Section 102: Days of Collection
The Contractor shall make all collections on the days of Monday through Friday, or as
otherwise required by County due to the nature of the services provided. Any deviations
to this shall have prior written approval from the County, and the County shall have the
final and sole decision.
Section 104: Garbage Collection
Garbage shall be collected twice weekly on a set schedule:
1. The Contractor shall collect the following materials as Garbage: All
discarded waste, food, paper, glass, plastic, leather, textiles, cans, and/or other
materials normally associated with household waste.
2. The Contractor shall collect Garbage from designated Units which have been
placed in the appropriate Cart for collection.
3. The Contractor and the County may by mutual agreement establish other
reasonable specifications regulating the size, quantity, configuration, and
placement of Garbage eligible for collection.
4. The Contractor shall exercise good faith to ensure that Yard Waste and/or
Recycling materials which a customer has properly segregated are not placed
in the collection vehicle that collects Garbage. Intentional disposal of Yard
Waste and/or Recycling with Garbage shall be subject to Section 560 of this
Contract.
5. The Contractor shall collect Garbage which is placed for collections that are in
accordance with this Contract. It shall be the ConWUDFWRU¶Vresponsibility to
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give notice to the County staff if it believes Garbage is not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
the County about a specific Unit(s) that it believes does not meet the
conditions of the first sentence of this paragraph than it shall be the
Contractors responsibility to collect all such Garbage from such Units(s) as if
it was disposed of properly pursuant to the terms of this Contract.
6. If Garbage is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 106: Yard Waste Collection
1. Yard Waste shall be collected once every week with the first Garbage
collection of the week for the same Units.
2. The Contractor shall collect the following materials as Yard Waste: plant
material (leaves, grass clippings, branches, brush, flowers, roots, wood waste,
etc.); debris commonly thrown away in the course of maintaining yards and
gardens, including sod; and biodegradable waste as approved by the County.
The Contractor shall not collect as Yard Waste loose soil, Garbage, food
waste, plastics, synthetic fibers, lumber, human or animal excrement, or soil
contaminated with hazardous substances.
3. The Contractor shall collect Yard Waste from designated Units which have
been placed in piles, bundles, marked, identified, or open top cans or in a kraft
paper bag not to exceed 32 gallons in capacity. The Contractor shall not
collect Yard Waste cans, kraft bags or bundles that are in excess of fifty (50)
pounds each. The Contractor shall not collect Yard Waste that has been
placed in plastic bags. Christmas trees will be eligible for collection as Yard
Waste, and are not required to meet the above stated standards so long as
lights and decorations have been removed.
4. The Contractor shall collect all Yard Waste with size limits of, not larger than
five (5) inches in diameter nor longer than five (5) feet, and stacked in piles
not to exceed five (5) feet in height, five (5) feet in width and 10 feet in depth.
5. The Contractor and the County may by mutual agreement establish other
reasonable specifications regulating the size, quantity, configuration, and
placement of Yard Waste eligible for collection.
6. The Contractor shall exercise good faith to ensure that non Yard Waste
materials are not placed in the collection vehicle. The Contractor shall not
knowingly collect Yard Waste contaminated by fecal matter, unsegregated
Garbage, hazardous substances or other ineligible material.
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7. The Contractor shall collect Yard Waste which is placed for collections that
DUH LQ DFFRUGDQFH ZLWK WKLV &RQWUDFW ,W VKDOO EH WKH &RQWUDFWRU¶V
responsibility to give notice to the County staff if it believes Yard Waste is not
prepared and/or located per the Contract specifications. Should the Contractor
fail to notify the County about a specific Unit(s) that it believes does not meet
the conditions of the first sentence of this paragraph than it shall be the
Contractors responsibility to collect all such Yard Waste from such Units(s) as
if it was disposed of properly pursuant to the terms of this Contract.
8. If Yard Waste is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 108: Recycling Collection
1. Recyclables shall be collected once every week with the second Garbage
collection of the week for the same Units on a set schedule.
2. The Contractor shall collect the following materials as Recycling: paper,
cardboard, newspaper, plastic, aluminum, bi-metal, steel, tin, and other items
determined to be recyclable by the County.
3. The Contractor shall collect Recycling from designated Units which has been
placed in the appropriate Bin for collection.
4. The Contractor and the County may by mutual agreement establish reasonable
specifications regulating the size, quantity, configuration, and placement of
Recycling eligible for collection.
5. The Contractor shall use reasonable efforts to ensure that non-recyclable
materials are not placed in the collection vehicle. The Contractor shall not
knowingly collect Recycling containing unsegregated Garbage, Yard Waste,
hazardous substances or other ineligible material.
6. The Contractor shall collect Recycling which is placed for collections in
accordance with this Contract. It shDOOEHWKH&RQWUDFWRU¶VUHVSRQVLELOLW\WR
give notice to the County staff if it believes Recycling is not prepared and/or
located per the Contract specifications. Should the Contractor fail to notify
the County about a specific Unit(s) that it believes does not meet the
conditions of the first sentence of this paragraph than it shall be the
Contractors responsibility to collect all such Recycling from such Units(s) as
if it was disposed of properly pursuant to the terms of this Contract.
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7. If Recycling is left uncollected, the Contractor will leave an explanation (red
tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 110: Bulky Waste Collection
1. Bulky Waste shall be collected once every week with the second Garbage
collection of the week for the same Units on a set schedule.
2. Bulky Waste refers to furniture, appliances, tires, and other items too large to
be reasonably placed into a Cart as defined herein with a size limit of, not
longer than five (5) feet, and stacked in piles not to exceed five (5) feet in
height, five (5) feet in width and 10 feet in depth, or equivalent volume.
Construction debris shall be limited to an amount that is equal to 25% of the
allowable pile by volume.
3. The Contractor shall collect Bulky Waste from designated Units which have
been placed to the curb for collection.
4. The Contractor and the County may by mutual agreement establish reasonable
specifications regulating the size, quantity , configuration, and placement of
Bulky Waste eligible for collection.
5. The Contractor shall use reasonable efforts to ensure that non Bulky Waste
materials are not placed in the collection vehicle. The Contractor shall not
collect Bulky Waste containing unsegregated Garbage, Yard Waste,
hazardous substances or other ineligible material.
6. No more than two (2) tires shall be collected from any single Unit per
collection.
7. Prior to disposal of any item containing refrigerant, the Contractor shall have
had the refrigerant removed/properly recycled by a licensed company in
business to do such work. Such proof may be required by a disposal facility,
or the County.
The removal/properly recycling of refrigerant shall be at the sole cost of the
Contractor.
8. The Contractor shall collect Bulky Waste which is placed for collections that
are in accordance with tKLV &RQWUDFW ,W VKDOO EH WKH &RQWUDFWRU¶V
responsibility to give notice to the County staff if it believes Bulky Waste is
not prepared and/or located per the Contract specifications. Should the
Contractor fail to notify the County about a specific Unit(s) that it believes
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does not meet the conditions of the first sentence of this paragraph than it shall
be the Contractors responsibility to collect all such Bulky Waste from such
Units(s) as if it was disposed of properly pursuant to the terms of this
Contract.
9. If Bulky Waste is left uncollected, the Contractor will leave an explanation
(red tag) to help the customer correct the problem and avoid it in the future.
Should the Contractor fail to leave a red tag for the customer, it shall be the
Contractors responsibility to collect all such wastes left behind as if it was
disposed of properly pursuant to the terms of this Contract.
Section 112: Additional Carts
1. The residents of the Contract Area may request one or more additional Carts
and/or Bins from the Contractor for an additional volume of collection.
2. The Contractor will be paid for extra Carts at the rate specified in Exhibit B.
3. All additional Carts and/or Bins must be approved by the County prior to
being delivered.
Section 114: Place of Collection
1. The normal collection point for Garbage, Yard Waste, Recycling and Bulky
Waste shall be at curbside or at the right of way. Special arrangements may
be made by both the County and the Contractor on a case-by-case basis to
accommodate extraordinary situations.
2. The County on a case-by-case basis may require alley collection. If alley
collection is required, the County will work reasonably with the Contractor
and the affected customer(s) to get all services to the alley to prevent
collection from both the alley and the street.
3. The County shall monitor any collection routes or a portion of a route on a
regular basis to determine if the Contractor is placing Carts/Bins back in their
original locations in a neat and orderly manner after collection. Carts/Bins
shall be carefully handled by the Contractor and shall be thoroughly emptied
and left substantially near to the location where it was found and standing
upright This work shall be done in a sanitary manner and the Collector shall
immediately pick up any waste spilled by the Contractor.
4. The Contractor shall provide special service(s) for those individuals who are
unable to place their Carts/Bins out for collection in the usual manner due to
being Handicapped/Special Needs at a place mutually agreeable between the
County and the Contractor. Any dispute over the correct placement for
individuals Handicapped/Special Needs will be finally determined by the
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County. In the event that the Contractor is to provide back door service, the
property owner must sign a waiver of liability and return it to the Contractor
and the County.
5. If it would appear to a reasonable person that the Contractor is not placing
Carts/Bins back substantially near their original locations in a neat and orderly
manner, the Carts/Bins upright, and thoroughly emptied then the Contractor
could face damages as stated in Section 560 Liquidated Damages.
Section 116: Collection from Additional Locations
The County may add additional collection points within the Collection Area at its sole
option. This could include items such as County Cans, Bus Stops, Businesses, County
Buildings, or any other locations as directed by the County.
$UHDVRIWKH&RXQW\WKDWZHUHQRWLQFOXGHGLQWKHDZDUGHG&ROOHFWLRQ$UHD¶VPD\EH
added to an awarded Collection Area at a later date.
Should services be required that are not called for in this Contract, the Contractor and the
County may negotiate to provide said services at a negotiated service level and cost.
Section 120: Force Majeure Clean Up
1. The trigger event for this section shall be when the following items are all
met:
a. The County enacts the Emergency Management Center and;
b. The Contractor is asked to provide services above and beyond the services
normally provided for by this Contract.
2. In the event of a Force Majeure that requires clean up, the County must make
all requests in writing. The Contractor shall have twenty-four (24) hours after
receipt of written notice to start the clean-up project unless Contractor can
demonstrate the timeline is unreasonable and shall finish such project within a
reasonable time.
3. The Contractor will be paid at the rate(s) specified in Exhibit C of this
Contract.
4. Under this provision, the County may alter the specifications of the Garbage,
Recycling, Yard Waste, and Bulky Waste to fit the needs of the situation.
5. The County at its sole option may authorize the Contractor to temporarily
discontinue one type of service to provide additional resources to other service
types.
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6. The Contractor shall document the resources used, time to collect, volume
and/or weight, or other statistical data as requested for each assigned project
as requested by the County.
7. 7RHVWDEOLVK³QRUPDOYROXPHV´, the County will average the previous three (3)
months tonnages hauled for the specific commodities prior to the event. Then
subtract that from the total Force Majeure Clean Up volumes for each month
of the clean up. This will determine the additional volumes collected, and the
monthly event tonnage that will be paid for the monthly amounts above the
three prior PRQWK¶V average.
8. Should the County decide to discontinue one type of service and replace it
with another; the discontinued services average volumes for the previous three
(3) months will be deducted from the Force Majeure volumes to accurately
reflect the increased volumes due to the event.
Section 122: Eviction, Vacant Lot, Special Clean-up
1. The County may require the Contractor to collect from an eviction. If the
materials are not in compliance with other provisions of this Contract the
Contractor will be paid at the rate specified in Appendix D of this Contract.
2. The County may require the Contractor to collect from a vacant lot. If the
Contractor collects waste from a vacant lot, the Contractor will be paid at the
rate specified in Appendix D of this Contract.
3. The County may require the Contractor to collect waste from a property as a
special clean-up. If the Contractor collects waste under this provision, the
Contractor will be paid at the rate specified in Appendix D of this Contract.
4. All materials under this section will be placed to the curb for collection.
5. The County shall make all requests in writing under this section. The
Contractor shall have twenty-four (24) hours from receiving the request to
collect said materials.
6. The Contractor shall document the resources used, time to collect, volume
and/or weight, or other statistical data as requested for each assigned project
as requested by the County.
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Section 124: County Clean-up Events
During the term hereof, Contractor shall provide the following Clean-up events at no
additional charges:
1. Summer Neighborhood ± In the Month of June, the Contractor shall provide
unlimited collection of Garbage, Yard Waste, Recycling and Bulky Waste so
long as the following is met:
a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
b. Contractor shall collect Yard Waste which has been placed in piles,
bundles, marked, identified, or open top cans or in a kraft paper bag not to
exceed 32 gallons in capacity. The Contractor shall not collect Yard
Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds
each.
The Contractor shall not collect Yard Waste that has been placed in plastic
bags, exceeds a maximum length of (5) feet and/or has a diameter greater
than 5 inches.
2. Winter Neighborhood ± In the Month of January, excluding the first year of
the Contract, the Contractor shall provide unlimited collection of Garbage,
Yard Waste, Recycling and Bulky Waste so long as the following is met:
a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
b. Contractor shall collect Yard Waste which has been placed in piles,
bundles, marked, identified, or open top cans or in a kraft paper bag not to
exceed 32 gallons in capacity. The Contractor shall not collect Yard
Waste cans, kraft bags or bundles that are in excess of fifty (50) pounds
each.
The Contractor shall not collect Yard Waste that has been placed in plastic
bags, exceeds a maximum length of (5) feet and/or has a diameter greater
than 5 inches.
3. Masters Event ± In the full week preceding, during and after the Masters Golf
Tournament, an unlimited amount of Garbage shall be collected so long as the
following is met:
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a. Garbage shall be placed in boxes, bags, cans or other means to properly
secure it from blowing away prior to collection, and shall not exceed fifty
(50) pounds in weight per box, bag, can, etc.
Section 126: Time of Collection
The Contractor shall make collections between 6:00 a.m. and 6:00 p.m. Monday through
Friday, and 6:00 a.m. to 12:00 p.m. on Saturday if a route is run on that day unless the
County authorizes an extension of hours. Such authorizations must be in writing and be
prior to any extended hours of operation.
An additional extension of hours will be granted on the Saturday following a holiday that
is acknowledged in the Contract (Section 138). Those collection hours shall be 6:00 am
to 6:00 p.m.
Section 128: Scheduling of Collection
1. For collection of Garbage, the Contractor shall divide the Collection Area into
two reasonably equal collection sectors, with one sector to be collected each
Monday and Thursday, and the other sector collected each Tuesday and
Friday.
2. The two collection sectors shall be bounded by natural boundaries, such as
bodies of water, major highways or arterials when at all possible. Any
boundaries that are on secondary or residential roads shall be divided on the
back of property lines to ensure both sides of the street are collected on the
same day and route. Collections shall be made from Units on a regular
schedule on the same day at approximately the same time.
3. Not less than thirty (30) days prior to the start date of this Contract, the
Contractor shall supply the County with a map of the Collection Area showing
the day(s) of the week for which Garbage, Yard Waste, Recycling and Bulky
Waste shall be collected from each sector. Each sector shall be labeled with
the day of collection. A second map shall be created for each sector that shall
include route boundaries, route numbers, and the truck numbers that will
normally collect the route for each commodity/service. Maps must be
generated in a format acceptable to the County. Maps must be defined well
enough, with enough detail, that County staff may electronically recreate said
maps.
4. At least thirty (30) days prior to the start date, the Contractor will notify all
Units by direct mail or door hanger, to the service address, of the collection
day(s) services will be performed. Notifications shall be in a pre-approved
format.
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5. Should the Contractor wish to alter routes or days of collection, the Contractor
shall provide the County at least twenty one (21) days¶ notice. Any customers
affected by a day change must be notified at least seven (7) days prior to the
change via direct mail or door hanger to the service address, and all changes
will be made in the first full week of a month. The Contractor shall provide
the County an electronic listing of the changes at least seven (7) days prior to
the date of the change. The form of notice to the customer shall be subject to
the approval of the County
6. The County shall have the opportunity to review and approve any and all
routes, day of collection changes or any other changes effecting service and
schedules. All requests to alter the current service or schedule shall be made
in writing. After approval and before implementation, the County shall
receive updated maps of the Collection Area indicating the changes in service
and/or schedule at a level equal to those listed above.
Section 130: Work on County Property
The Contractor will ensure that its employees shall, whenever on the CounW\¶VSURSHUW\
obey all instructions and directions issued by the County to include posted signs. The
Contractor agrees that its personnel and the personnel of its subcontractors will comply
with all rules, regulations and security procedures of the County when on County
property.
Section 132: Disposal and Recycling Locations
1. The Contractor shall deliver all Garbage collected under this Contract to the
CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
or such other locations as the County may designate, and shall deposit the
material collected in the manner directed.
2. The Contractor shall deliver all Yard Waste collected under this Contract to
the CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
30805, or such other locations as the County may designate, and shall deposit
the material collected in the manner directed.
3. The Contractor shall deliver all Recycling collected under this Contract to the
&RXQW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
or such other locations as the County may designate, and shall deposit the
material collected in the manner directed.
4. The Contractor shall deliver all Bulky Waste collected under this Contract to
the CounW\¶V/DQGILOOORFDWHGDW'HDQV%ULGJH5RDG%O\WKH*HRUJLD
30805, or such other locations as the County may designate, and shall deposit
the material collected in the manner directed.
Attachment number 6
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5. All items collected and required to go to the CounW\¶V /DQGILOO VKDOO EH
delivered Monday through Friday by 5:00 p.m. and Saturday by 12:00 p.m.
6. No disposal fees shall be charged for disposal of Garbage, Yard Waste,
Recycling or Bulky Waste. The County shall bear all cost(s) associated with
disposal.
7. The County has the right from time to time to change the hours of operation at
the CounW\¶V/DQGILOO
8. The County has the right from time to time to change the disposal facility for
any given commodity which may have different hours of operation than the
current disposal facility.
9. Should the County elect to change the disposal facility/location, which causes
a significant cost increase to the Contractor, the Contractor may petition the
County for an equitable adjustment. If the change in the disposal
facility/location causes a significant cost decrease to the Contractor, the
County may petition the Contractor for an equitable adjustment.
10. The Contractor shall require that all personnel who exit any vehicle at the
Landfill or other GLVSRVDOIDFLOLW\PXVWZHDUD³KDUGKDW´DWDOOWLPHV and high
visibility clothing as set fourth in Section: 220.
11. Any time that materials are not disposed of at the Landfill located at 4330
Deans Bridge Road, Blythe, Georgia 30805, documentation of disposal will
be required. Documentation needs will be set by the County but could include
items such as yardage, tonnage, date, time, ticket number, copies of tickets,
etc.
Section 134: Ownership of Materials Collected
Collected Garbage, Yard Waste, Recycling, and Bulky Waste shall be the property of the
Contractor until the collected Garbage, Yard Waste, Recycling, and Bulky Waste is
disposed of at the assigned disposal facility. Once materials are disposed of at the
assigned disposal facility, the materials collected shall be the property of the County or
owner of said disposal facility, subject to the right of a customer to claim lost property of
value.
Section 136: Scavenging
No ³VFDYHQJLQJ´by the Contractor, Subcontractor(s) or any of their employees shall be
allowed. Scavenging means sorting through Garbage, Yard Waste, Recycling, or Bulky
Waste while collecting, looking for items of possible value or picking out individual
pieces for reuse while loading or unloading. Scavenging excludes searches by the
original owners for valuables accidentally misplaced or that may be lost.
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Section 138: Holiday Schedule
The Contractor shall provide collection services on all legal holidays except New Years
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. Material
regularly scheduled to be collected Thanksgiving Day shall be collected on Friday, the
GD\DIWHU7KDQNVJLYLQJ)ULGD\¶VPDWHULDOVKDOOEHFROOHFWHGRQ6DWXUGD\,IChristmas,
New Years Day, Memorial Day, Fourth of July, or Labor Day falls on a regularly
VFKHGXOHGZRUNGD\FROOHFWLRQVZLOOEHGHOD\HGRQHGD\DQG)ULGD\¶VPDWHULDOVVKDOOEH
collected on Saturday. Should a holiday fall on a Saturday or Sunday, no adjustments
will be made. Waste will be collected on the regular schedule on the following week.
The Holiday Schedule may be amended from time to time, to meet the needs or wishes of
the County.
Section 140: Service Disruptions Due to Weather
Service disruptions due to weather shall occur when one (1) or more of the following
events have occurred.
1. The County closes for a weather related issue.
2. The County notifies the Contractor of the Count\¶V wish to have the
Contractor suspend services for weather related issues.
3. The Contractor notifies the County of the Contractors wishes to suspend
services for weather related issues. The County shall reasonably evaluate the
situation, and make a determination of such conditions.
When snow or ice or other weather conditions prevent collection on the scheduled day,
the Contractor shall make collection on the next weekday. If such conditions continue
for a second consecutive day or more, the Contractor shall, on the first day that regular
service to a customer resumes, collect all the materials that the customer is authorized to
have, i.e. if one collection day is missed and the customer is on 95 gallon service, the
Contractor shall collect 190 gallons of material. On the day that collections resume, the
Contractor shall take bags, boxes, and other secure wrappers, and shall empty temporary
receptacles that customers have used when the collection Carts/Bins have been filled.
Section 142: Service Disruptions ± Non Weather
A number of collection impediments may require special efforts to accomplish collection
under this Contract.
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1. On-Street Parking
Certain nHLJKERUKRRG VWUHHWV DOORZ ³RQ-VWUHHW SDUNLQJ´ ZKLFK PD\ SUHVHQW
impediments to curbside collection services. The Contractor shall perform
collection services even if the curb is blocked.
2. Blocked Streets/Renovations/Construction
When closure of roadways providing access, blocked streets or other
disruption beyond the Contractor¶s control prevents timely collection on the
scheduled day, the Contractor shall attempt collection later on that collection
day. If collection is still not possible, the Contractor must notify the County
prior to 4:30 p.m. on the day of service. The Contractor must provide to the
County the reason collection was unachievable and the Unit(s) block range,
street name, as well as the times that collections were attempted. If collection
was not possible, the Contractor shall provide service on the next business
day.
Section 144: Missed and Make-up Collections
1. Should the Contractor fail to make a collection on a scheduled day for causes
within the Contractor¶s control, the Contractor shall make a special make-up
collection by the end of the same business day, if notification of the missed
collection is received by noon that business day, if notification is received
after noon, a make-up collection shall be scheduled for the following business
day with collection of the miss to be completed by noon. For the purpose of
Section 144WKH³EXVLQHVVGD\´LQFOXGHV6DWXUGD\
2. Notwithstanding the foregoing, the County may require the Contractor to do
the following:
a. Authorize the Contractor to defer the collection and authorize the
customer to place a proportionally larger amount of waste on such
customers next scheduled collection day, and to accommodate such
disposal, the Contractor shall take bags, boxes, and other secure wrappers,
and shall empty temporary receptacles that customers have used when the
collection Carts and/or Bins have been filled.
3. It shall be a defense to a missed collection that the customer had not made
timely placement of his or her waste out for collection; that placement did not
comply with provisions of this Contract, or that materials collected did not
comply with provisions within this Contract, provided that the Contractor
shall have left an approved printed tag (red tag) on all material left because it
was not properly prepared, it was overweight, or for other reasons. If
Garbage, Yard Waste, Recycling or Bulky Waste is left uncollected, the
Contractor will leave an explanation (red tag) to help the customer correct the
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problem and avoid it in the future. Should the Contractor fail to leave a red
tag for the customer, it shall be the Contractors responsibility to collect all
such wastes left behind as if it was disposed of properly pursuant to the terms
of this Contract.
4. Should the customer have failed as outlined above, the County may require
the Contractor to do the following, provided that the customer has resolved
said issue:
a. Authorize the Contractor to collect and authorize the customer to place a
proportionally larger amount of waste on such customers next scheduled
collection day, and to accommodate such disposal, the Contractor shall
take bags, boxes, and other secure wrappers, and shall empty temporary
receptacles that customers have used when the collection Carts and/or
Bins have been filled. This provision shall exclude Yard Waste and Bulky
Waste.
5. The Contractor, no later than 10:00 a.m. the next business day, must notify the
County of any collections the Contractor has refused or been unable to make
the previous day. It shall include the address, time of attempted collection,
and reason for non-collection. This list shall be referred to as the Exception
/LVW³(/´
6. If the County transmits a ³miss´ complaint to the Contractor which is on the
EL, and it is a miss which the Contractor should not collect due to the fact that
the material is overweight or contains material that should not be collected
and a red tag was properly left, the Contractor shall note on the miss that the
address is on the EL and note the reason that is was not collected and return
the miss complaint to the County within two (2) business hours of its receipt,
and the miss shall not be collected.
7. All miss complaints transmitted to the Contractor on Friday must be collected
by noon on Saturday. If it appears to the County that the Contractor is not
collecting these misses by noon Saturday, the County has the option of
contracting with another collection firm to collect these misses. The cost of
this option will be deducted from the Contractor¶s payment.
8. This section applies to omitted collections of a single Unit, a row of Units
and/or an entire route.
9. Failure to comply with the above stated provisions shall have Liquidated
Damages as stipulated in Section 560.
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Section 146: Contract Carts
1. The Contractor shall provide all Garbage carts for this Contract. A specific
rental rate will be charged for each Cart used under this Contract for the
current month. The cart rental rate will be the monthly rate as specified in
Exhibit B of this Contract
2. At the end the initial Contract period, the Contractors Carts shall become the
property of the County free and clear, with no further encumbrance due.
3. Should the County elect to replace the Contractors Carts with Carts provided
by the County, at any point in the Contract, the Contractor shall promptly
remove their Carts and replace them with the Carts provided by the County.
Once Carts are received by the Contractor, no further rental rates may be
charged for the Contractors Carts as defined above.
4. Should the County elect to replace the Contractors Carts, the Contractor will
be paid a proration for the month in which the (County owned) Carts were
received by the Contractor. The proration amount for each Cart received by
the Contractor shall be calculated by taking the monthly Cart rental rate in
Exhibit B and dividing it by thirty one (31) days, then multiplying that number
by the number of days from the first of the month until the date the County
Carts were received by the Contractor multiplied by the number of Carts
received. Prorations and implementation amounts will be paid as follows:
a. 0-100 Cart(s) received, the Contractor shall be paid the proration amount.
b. 101-200 Carts received, the Contractor shall be paid the proration plus
seven (7) days from the date of receipt.
c. 201-300 Carts received, the Contractor shall be paid the proration plus
fourteen (14) days from the date of receipt.
d. 301-400 Carts received, the Contractor shall be paid the proration plus
twenty one (21) days from the date of receipt.
e. In excess of 400 Carts received, the Contractor shall be paid the proration
plus thirty (30) days from the date of receipt.
Example: See Attached Example Below
Section 148: Supplying Garbage Carts
1. The Contractor will supply the Customers with Carts for distribution to the
Customer. Carts will be a water-tight plastic container that is provided by the
Contractor, that shall not be less than 95 gallons in capacity, fitted with a
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sturdy handle, roll able and a tight fitting lid, for the purpose of collecting
Garbage.
2. Carts for new customers shall be delivered within two (2) days of notification
from either the customer or the County. Carts will be delivered in a clean,
sanitary, working condition.
3. The Carts shall be provided with instructions of proper use, including any
customer actions that would void PDQXIDFWXUHU¶V warranties, such as
placement of hot ashes in the Cart causing the Cart to melt, and procedures to
follow to minimize potential fire problems. A pamphlet explaining the dos
DQGGRQ¶WV program requirements, directions for placement of the Cart, and
notification of the day of the week when the customer will receive collection
will be provided with each Cart.
4. The pamphlet containing the dos DQGGRQ¶WV program information and the
directions for placement shall be supplied by the County.
5. No other cans or Carts may be placed into service unless approved by the
County or as otherwise noted in the Contract.
6. Should a customer require a replacement Cart due to loss, stolen or damage,
the Contractor has two (2) days to replace the Cart with a Cart in clean,
sanitary, working condition. A list of lost or damaged Carts will be provided
to the County with the Monthly Report, to include address so the County may
bill the appropriate party. The Contractor is responsible for all repairs to
Carts. Only factory or approved parts may be used to repair said Carts. Any
damaged Carts, which are owned by the County, that can not be repaired by
the Contractor shall be returned to the County so they may follow the
warranty process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Cart.
8. All Carts physically returned to the County shall be clean, sanitary, and in
working condition, unless being returned for damages beyond repair, then the
Cart must be returned clean and sanitary.
Section 150: Supplying Recycling Bins
1. The County will supply the Contractor with Bins for distribution to the
Customer. A bin is a water-tight plastic container that is provided by the
County, that shall not be less than 65 gallons in capacity, fitted with a sturdy
handle, roll able and a tight fitting lid, for the purpose of collecting Recycling.
Attachment number 6
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2. Bins for new customers shall be delivered within two (2) days of notification
from either the customer or the County. Bins will be delivered in a clean and
sanitary condition.
3. The Bins shall be provided with instructions of proper use, including any
customer actions that would void manufacturHU¶V warranties, such as
placement of hot ashes in the Bin causing the Bin to melt, and procedures to
follow to minimize potential fire problems. A pamphlet explaining the dos
DQGGRQ¶WV program requirements, directions for placement of the Bin, and
notification of the day of the week when the customer will receive collection
will be provided with each Bin.
4. The pamphlet containing the dos DQGGRQ¶WV program requirements and the
directions for placement shall be supplied by the County.
5. No other cans or Bins may be placed into service unless approved by the
County or as otherwise noted in the Contract.
6. Should a customer require a replacement Bin due to loss, stolen or damage,
the Contractor has two (2) days to replace the Bin with a Bin in clean,
sanitary, working condition. A list of lost or damaged Bins will be provided
to the County with the Monthly Report, to include address, so the County may
bill the appropriate party. The Contractor is responsible for all repairs to Bins.
Only factory or approved parts may be used to repair said Bins. Any damaged
Bins that can not be repaired by the Contractor shall be returned to the County
so they may follow the warranty process.
7. If a customer discontinues service, the Contractor has two (2) days to collect
the Bin.
8. All Bins returned to the County shall be clean, sanitary, and in working
condition, unless being returned for damages beyond repair, then the Bin must
be returned clean and sanitary.
Section 152: Cart/Bin Storage
The Contractor shall provide storage space for carts and bins. The Contractor shall
provide enough space to store the equivalent of two and a half percent (2.5%) of the total
number of units serviced for the Collection Area for each type of Cart and Bin offered or
cumulative total there of.
Example
Contract Area has 5,000 units, then the Contractor shall store up to 125 garbage Carts and
125 recycling Bins = 250 total carts/Bins stored.
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Section 154: Minimum Cart/Bin Percentage
The Contractor shall keep a minimum inventory of one half of one percent (½%) of each
size Cart and Bin used under with this Contract.
Section 156: Cart/Bin Replacement Cost
The County shall have the right to charge the Contractor for the cost of repair or
replacement of Carts and/or Bins which are owned by the County, if such repair or
replacement is required as a result of abuse or damage caused by the Contractor. The
County shall have additional rights to charge the Contractor for the cost of replacement
Carts and/or Bins, if such replacement is required as a result of fire or theft caused by the
Contractor, or on/from Contractors property .
A list of lost, damaged, destroyed, or stolen Carts/Bins will be provided to the County
with the Monthly Report so the County may bill the appropriate party. The Contractor is
responsible for all repairs to Carts/Bins. Any damaged Bins that can not be repaired by
the Contractor shall be returned to the County.
Section 158: Delinquent and Closed Accounts
The Contractor shall discontinue any and/or all collection services at any Unit(s) as set
forth in a written notice sent by the County. Upon further written notification by the
County, the Contractor shall resume any and/or all collections on the next regularly
scheduled collection day.
Section 160: Meetings and Communication
In order to minimize problems during implementation of the Contract, to provide a forum
for discussing and resolving any operational questions or issues that may arise, and for
updating the Operations Plan the parties agree to meet on a regular basis as follows:
1. The period from the date the Contract is awarded until six months after the
actual collection services begin (or such earlier date as may be mutually DJUHHGWRE\WKHSDUWLHV VKDOOEHUHIHUUHGWRDVWKH³,PSOHPHQWDWLRQ3KDVH´
During the implementation phase, meetings shall be held between
representatives of the parties on a weekly basis, or on such more or less
frequent basis as may be mutually agreed. The primary purpose of such
meetings shall be to develop and/or refine the Operations Plan, to evaluate the &RQWUDFWRU¶VSHUIRUPDQFHLQLPSOHPHQWLQJWKH&RQWract, to evaluate Cart and
Bin delivery progress or problems, to air and seek resolution of complaints, to
discuss any actual or perceived problems with service, and to discuss
promotion, public information and public relations.
Attachment number 6
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2. After the Implementation Phase, meetings shall be held at least on a quarterly
basis, unless otherwise mutually agreed to, between representatives of the
parties. Such meetings shall be held for the purpose of reviewing and
discussing day to day operations, promotion, public information, and public
relations.
3. Meetings shall be held at the offices of the County unless otherwise agreed.
Each party shall be available for at least 90 minutes per meeting, unless
otherwise agreed in advance. Meetings shall be held during normal business
hours.
Section 162: Program Information During Contract Start-Up
All items listed below may be generated by the County. Prior to the start date of the
Contract, the Contractor shall deliver to all Units receiving services, the materials created
by the County to address issues such as the following. This list may not be all inclusive.
1. Materials to be collected and how such materials are to be prepared.
2. Date that the customer shall begin using the new Cart/Bin that was delivered.
3. Cart and material placement information.
4. &RQWUDFWRU¶V Welephone number that customers should call for additional
information or for questions.
5. Telephone number of the County department that customers can call for
additional information or for questions.
The Contractor shall be responsible for informing the Customer of the Collections
schedule for each Unit serviced prior to the start date. The format of said information
shall be printed, and delivered to each service address via door hanger or other approved
format. The Contractor shall have approval from the County prior to any distribution of
these materials.
The above information may further be required to be attached to any new Cart/Bin
delivered or anytime that a Cart/Bin is delivered to a customer.
The County shall approve all customer information materials, promotions, and
educational activities and materials developed by the Contractor in advance of their
production, implementation, or distribution. All public information materials will
conform to the CounW\¶VJXLGHOLQHVDQGLQFOXGHWKH&ounW\¶VLGHQWLW\
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Section 164: Program Information
The Contractor shall deliver informational packets and/or door hangers to each service
address up to two (2) times per year at the discretion of the County. The literature for
said information will be generated by the County.
Attachment number 6
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C. Manner of Collection
Section 200: Contractor¶s Responsibilities
The Contractor shall be responsible for furnishing all labor, materials, equipment, and
supervision necessary to perform the collection, processing, and other items described in
this Contract.
Section 210: Employee Conduct
1. The Contractor is responsible for providing supervision necessary to ensure
that collection employees are courteous, exercise due care, do their work
without delay, minimize noise, avoid damage to private property, close and
relock all gates and doors that they open, and if on private property, follow the
regular pedestrian walkways and paths, and not cross flower beds, lawns or
through hedges. While collecting, employees shall wear or carry
identification supplied by the Contractor. The identification shall be subject
to approval of the County.
2. When the County identifies unsatisfactory conduct by an employee and the
County notifies the Contractor of such conduct, the Contractor shall take
remedial action. The remedial action shall be appropriate to the level of
unsatisfactory conduct, provided that if the County requests of the Contractor
that an employee be suspended from further work on the Contract for
unsatisfactory conduct, the Contractor will permanently remove the employee
from further work on the Contract.
3. The Contractor will notify the County of remedial action taken in its monthly
reports.
4. The County will cooperate with the Contractor by supplying to the Contractor
the names and contact information, when known, of the complainant as well
as known witnesses.
5. Through the process identified above, the County will have the sole right to
require the removal and replacement of such employee(s) by the Contractor
and/or subcontractors. The County shall exercise such right by providing
written notice to the Contractor via U.S. Mail, fax or email. Such notice will
include the County¶VUHDVRQIRUWKHUHTXHVW
6. The Contractor will replace any personnel who separate from Contractors
employment with equivalently qualified persons. The Contractor will replace
such personnel as soon as reasonably possible, and in any event within thirty
(30) days after the Contractor receives notice that an employee will be
leaving.
Attachment number 6
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7. 7KHWHUP³SHUVRQQHO´VKDOOLQFOXGHDOOVWDIISURYLGHGE\WKH&RQWUDFWRURULWV
subcontractors who have worked or perform services under this Contract.
Section 220: Employee Uniforms
1. Employees who perform collections or who supervise collection activities
shall wear a uniform. Uniforms shall be of similar type and color for
collections employees. Supervisors shall have some differing uniform
characteristic to identify such authority (such as a different color shirt or
notation on their name badge).
2. The uniform shirt shall be worn buttoned up within one button of the top
button and tucked into the pants/shorts. The shirts must be kept in a clean
professional manner. Shirts must remain free from rips, holes and stains. T-
Shirts are allowed, so long as they meet all other Contract provisions. Tank
tops and sleeveless shirts are not allowed.
3. The uniform must comply with a minimum standard of the American National
Standards Institute ³ANSI´ class II requirements for visibility. Should the
Contractor elect a uniform that does not meet this criteria, then a high
visibility alternative (such as a vest) meeting the minimum standard of ANSI
class II shall be worn at all times while collecting and disposing of materials
under this Contract.
4. The uniform pants/shorts shall be worn above the hips and should have a
length not less than one (1) inch above the knees. Pants/shorts must be kept in
a clean professional manner. Pants/Shorts must remain free from rips, holes
and stains. All pants/shorts must be hemmed and have a finished look.
5. The uniform outerwear must comply with a minimum standard of ANSI class
II requirements for visibility. Should the Contractor elect outerwear that does
not meet this criteria, then a high visibility alternative (such as a vest) meeting
the minimum standard of ANSI class II shall be worn at all times while
collecting and disposing of materials under this Contract.
6. All uniform shirts and outerwear shall have the company name placed in a
conspicuous place. In addition, VXSHUYLVRUVVKDOOKDYHWKHZRUG³VXSHUYLVRU´
placed in a conspicuous place.
Section 230: Spillage
1. The Contractor shall pick up any material scattered or spilled during
collection by the Contractor and clean up the area affected within three (3)
hours of notification of the incident. Each truck shall carry equipment (such
as a broom, shovel spill kit, etc) for this purpose.
Attachment number 6
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2. The Contractor shall immediately, or within one (1) hour of notification,
commence clean up of any paint, hydraulic, transmission, or other oil spill, or
commence clean up of any spillage which creates a hazardous condition (such
as spillage involving glass). For any hazardous spill, the Contractor must
notify the County immediately.
3. Failure to comply with these requirements is subject to Section 560
Liquidated Damages.
Section 240: Damage Claims
1. The Contractor shall be responsible for any damages to real property, personal
property and personal injury to the extent caused by negligent or willful acts
or omissions and is caused in whole or in part by the Contractor, its
employees, agents, or subcontractors in performing work under this Contract.
2. The Contractor shall notify the County immediately of any damages and/or
damage claims as set forth in the section above, and shall indemnify and hold
harmless the County for same. Written notice of any damages and/or damage
claims shall be provided to the County within two (2) days, and shall include
the name, address, telephone number, description of incident, witness
information and the description of the remedy. The Contractor shall actively
work to resolve the claim timely, timely shall mean within ten (10) working
days after the Contractor has received notice of damages. Claims shall be
resolved within thirty (30) days. For extenuating circumstances, upon written
request from the Contractor, the County at its sole option may extend the
above mentioned time period. If the damage claim is deemed as Contractors
responsibility by law enforcement, their designee, or independent
individual/organization trained to investigate such items and is not resolved
within the applicable period, the County may take any action it deems
necessary to make the injured party whole and deduct the same from amounts
due the Contractor.
Section 250: Customer Grievances
The Contractor will designate a representative to adjudicate customer grievances. At the
County¶VUHTXHVWWKHUHSUHVHQWDWLYHZLOOMRLQWKHCounty in meeting with an aggrieved
customer within 24 hours of notification to resolve a complaint about spillage, a refusal
to serve or a missed pick-up and/or other deficiency in service or a need for
handicapped/special service or other specific Contract provisions.
Attachment number 6
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D. Reporting/Information Requirements
Section 300: Report/Information Specifications
Throughout the life of this Contract a series of reports and information will be required
by the Contractor. These reports and information are called for throughout the Contract.
The County reserves the right to dictate format, style and to the extent possible,
standardization of all reports and information required under this Contract. The County
may require reports in hard copy and/or electronic copy for any and all reports. Listed
below is a guide to some of the reports/information included in this Contract. This list
may not be inclusive of the reports or information required by the Contractor under this
Contract. The County further reserves the right to alter the reporting requirements from
time to time.
1. Spare vehicle utilization ± (Section 62)
2. Asset Inventory List (Section 85)
3. Handicapped/Special Needs ± as needed (Section 114)
4. Force Majeure Clean-Up ± as needed (Section 120)
5. Eviction, Vacant Lot, Special Clean-Up ± as needed (Section 122)
6. Disposal and Recycling ± as needed (Section 132)
7. Service Disruption ± as needed (Section 142)
8. Red tag, not out, etc. ± daily (Section 144)
9. Lost and/or Damaged Carts (Section 148 and 150)
10. Employee remedial action ± (Section 210)
11. Damage Claims ± (Section 240)
12. Service increase/decrease ± (Section 410)
13. CPI increase ± (Section 430)
14. Equal Employment ± (Section 600 and 610)
15. Emergency Plan ± (Section 700)
Attachment number 6
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E. Compensation
Section 400: Payment for Collection Services
1. The County shall pay the Contractor monthly for all collection services under
this Contract. Payment shall be based on the number of Units collected that
are receiving Garbage service in the Contract Area.
2. $8QLWZLOOEH³ELOODEOH´Ln the current month if the Unit starts services on the
1st through the 14th GD\ RI WKH PRQWK 7KH 8QLW ZLOO EH ³ELOODEOH´ WKH
following month if the Unit starts services on the 15th through the 31st day of
the month.
3. Should a Unit sit vacant/idle, and no service rendered for a full month, then WKDW8QLWVKDOOQRWEH³ELOODEOH´DQGVKRXOGEHUHPRYHGIURPWKH&RQWUDFWRUV
monthly invoice and service list.
4. The County shall deduct any assessments due from the payment owed to the
Contractor.
5. The County shall add additional moneys owed for additional services
provided for under this Contract.
Section 410: Payment Procedure
1. The Contractor shall generate and submit a service listing of all current
customers, including service address and Cart/Bin numbers, which meets the
definition(s) provided by the Solid Waste Department, which is at least 99%
accurate by November 1, 2005.
2. The Contractor shall maintain its service listing with at least 99% accuracy,
listing any service increases or decreases meeting the above stated
requirements for the month of December, 2005.
3. The Contractor shall submit a monthly invoice to the County within five (5)
business days from the end of the month. The invoice shall be for services
performed in the previous month at a Unit Price for that period of the Contract
as outlined in Exhibits B, C, and D, as well as Section 400 and other
provisions in this Contract.
4. The Contractor shall submit a monthly list of all service increases or decreases
to the number of Units as defined by this Contract along with the above stated
invoice. The Contractor is required to supply the date the Unit went into
service, the address of the Unit, and any Cart/Bin numbers. The net difference
will either be added to or subtracted from the prior months final Unit count.
Attachment number 6
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5. The County shall pay the Contractor within thirty (30) days of receipt of an
undisputed invoice.
6. Payment requests shall be accompanied by:
b. Data supporting the payment request to include a Unit list with name,
service address and Cart/Bin number(s) as necessary to substantiate the
Contractors right to remittance of the amounts invoiced.
c. Certification from the Contractor that it has fully and properly performed
all items of the work covered by the payment request, that all insurance
and bonds required are in full force and in effect, and all subcontractors
and suppliers have been paid from previous requests, and that the
Contractor is not in default of any provision of the Contract.
d. Certification from the Contractor that it has fully and properly met all
obligations under the reporting requirements sections of the Contract, and
has done so fully and honestly.
e. Payment for services will not be paid until the above mentioned items
have been received.
7. Should the County dispute any portion of the invoice, it shall within thirty
(30) days of receipt of the invoice, provide the Contractor with a detailed
itemized list of such objections.
Section 420: Contract Unit Price
See Exhibit B.
Section 430: Adjustments
1. CPI Adjustment
a. The Contractor shall be entitled to one hundred percent (100%) of the
actual percentage change in the CPI (as hereinafter defined).
b. The ³&3,´. Means the Consumer Price Index for All Urban Consumers
³&3,-8´ Atlanta, Georgia ± Atlanta, Georgia, All Items, 1982-1984
equals 100, published by the United States Department of Labor, Bureau RI/DERU6WDWLVWLFV ³%/6´ RULWVVXFFHVVRU,I%/6GHVLJQDWHVDQLQGH[
with a nes title or code number or table number as being the continuation
of the index cited above, the new index will be used, or if no new index is
designated, the most nearly compatible index shall be used.
2. General conditions for adjustments.
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a. The CPI Index percentage change will be determined from January 1st to
December 31st of the previous year, with an implementation of the
increase on June 1st, and every June 1st thereafter with the first increase
starting in June of 2007.
b. The Contractor must notify the County in writing by March 31st of each
year beginning March of 2007, of the amount and percentage of any rate
adjustment allowed under this section. If timely notice is not received by
the County, no increase will be allowed for that year.
c. In any event, the adjustment will be limited to a maximum increase or
decrease of four percent (4%) annually.
Section 440: Wage Increases for Employees
All wage increases for collectors or any other employees of the Contractor granted during
the term of this Contract shall be the sole responsibility of the Contractor. Any benefits
or added costs resulting from changes in technology, laws and regulations, labor
practices, availability of equipment, and other foreseeable business risks that may affect
the performance of this Contract shall be the Contractor¶s advantage or expense
respectively, except noted herein.
Section 450: Withholding and Payment of Tax Liens and Judgments
The County may withhold and pay to the United States of America or to any federal
court, or the State of Georgia or any state court, the amount claimed in a levy filed by the
United States Internal Revenue Service or the Georgia State Department of Revenue,
respectively, the amount directed by a writ of garnishment, writ of attachment, or writ of
execution or by an order of a Bankruptcy Court, and/or by any court order, each for
monies claimed from the Contractor. When presenting such an order, the County may in
its discretion institute interpleading proceedings. The County may make a payment in
conjunction with the interpleaded action to the appropriate court. Payments so made or
deposited into the registry of the court shall be satisfaction of payment due to the
Contractor.
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F. Security, Liability, Damages
Section 500: Payment Bond
1. The Contractor shall furnish the County a bond with a corporate surety
acceptable to the County in the amount equal to twenty five (25%) of the
annual Contract amount. The bond shall be valid and non-cancelable for a
period not less than one (1) year and the Contractor shall provide a new bond,
or evidence satisfactory to the County of the renew ability of the current bond
at least forty five (45) calendar days before it expires.
2. The initial payment bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
3. The bond shall be for the use and benefit of the County, with a surety
company authorized to do business in the State of Georgia and acceptable to
the County. Said bond shall be conditioned that should such Contractor
faithfully pay all laborers, mechanics, subcontractors, material men, and all
persons who shall supply such Contractor or subcontractors with provisions
and supplies for the performance of this Contract, said bond shall be null and
void and shall be further conditioned that any person(s) performing such work
or services, said bond shall contain appropriate recitations that it is issued
pursuant to this Contract.
Section 510: Performance Bond
1. The Contractor shall furnish the County a bond with a corporate surety
acceptable to the County in the amount equal one hundred percent (100%) of
the annual Contract amount. The bond shall be valid and non-cancelable for a
period not less than one (1) year and the Contractor shall provide a new bond,
or evidence satisfactory to the County of the renew ability of the current bond
at least forty five (45) calendar days before it expires.
2. The initial payment bond must be in place fifteen (15) days prior to the Start
Date of the Contract.
3. The bond shall be for the use and benefit of the County, with a surety
company authorized to do business in the State of Georgia and acceptable to
the County. Said bond shall be conditioned that should such Contractor
faithfully perform each and every term, condition, and provision of this
Contract, said bond shall be null and void and shall be further conditioned that
any person(s) performing such work or services, said bond shall contain
appropriate recitations that it is issued pursuant to this Contract.
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Section 520: Default of Contractor
1. This section is independent, notwithstanding any other provisions of this
Contract. The Contractor may be held in default of the Contract in the event
the Contractor:
a. Fails to perform ninety percent (90%) of the collections required by this
Contract and appears, to the County, to have abandoned the work, or to be
unable to resume collections within forty-eight (48) hours.
b. Has failed on any occasion of two (2) consecutive working days, in any
year, or ten (10) days in a calendar year to perform the collections required
by the Contract; except as provided in Section 140.
c. Fails to comply with the terms of Section 600 through 640 upon written
notice by County with 15 days to cure. Said cure period will only apply to
the first offense of similar offenses.
d. Fails to furnish and maintain a Performance and/or Payment Bond per
Section 500 and 510.
e. Fails to furnish and maintain the Insurance requirements per Section 540.
f. Fails to be granted and/or receive prior written approval of a change of
control or other provision as defined in Section 875.
g. Repeatedly neglects, fails, or refuses to comply with any of the terms of
the Contract, after having received notice of its obligation to do so.
2. To initiate proceedings under this Section, the County shall give notice to the
Contractor and its surety. Within 7 days, Contractor may demand a at which
the Contractor may show cause why it should not be declared in default or
why it should be given the opportunity to cure said default. In the event the
Contractor fails to show, to the reasonable satisfaction of the County, why the
Contractor should not be declared to be in default of this Contract, the County
may make a declaration of default. In evaluating whether to make such a
declaration of default, the County shall, in its discretion, consider the severity
of the alleged violations, and the overall performance of the Contractor under
the Contract.
3. In declaring the Contractor to have defaulted on the Contract, the County also
may order the Contractor to discontinue further performance of work under
the Contract and transfer the obligation to perform such work from the
&RQWUDFWRUWRWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGDQGWDNHDQ\
other action it deems advisable.
Attachment number 6
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4. Under receipt of a notice that the work has been transferred to the surety
without termination of the Contract, the surety shall take possession of all
materials and equipment described in the most recent inventory submitted to
the County pursuant to Section 85 hereof, for the purpose of completing the
work under the Contract, employ, by the Contract or otherwise, any person
and/or all persons needed to perform the work; and provide materials and
equipment required therefore. Such employment shall not relieve the surety
of its obligations under the Contract of bond. If there is a transfer to the
surety, payments shall be made to the surety or its agent for all work
performed under the Contract subsequent to such transfer, in amounts equal to
those that would have been made to the Contractor had it performed in the
PDQQHUDQGWRWKHH[WHQWRIWKHVXUHW\¶VSHUIRUPDQFHDQGWKHContractor shall
have no claim upon the same.
5. ,QWKHHYHQWWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGIDLOVWRDVVXPH
or continue performance within two (2) days after its receipt of notice that the
work has been transferred to such surety, the Contractor shall be deemed to
have leased, subleased, or otherwise license the County to use all, or whatever
portion is desired by the County, of the materials and equipment described on
the most recent inventory submitted to the County pursuant to Section 85
hereof, for collection (and processing) purposes for a period of up to one (1)
year following the date of the declaration of default by the County without
requiring the County to execute any other document whatsoever to accomplish
such lease, sublease, or license and without requiring the County to post any
bond, pledge, deposit or other security for such equipment and materials, but
upon the condition that the County pay for the equipment and materials
actually used for such collection a market rental that is no greater than (i) the
monthly lease, in the event such property is leased by the Contractor, (ii) the
periodic installment, in the event such property is being acquired under a
purchase Contract, (iii) the periodic financing interest and principal, in the
event such property is being acquired under a purchase Contract, or (iv) the
financing arrangement; provided, that under no circumstances shall the
County be liable during its use of such property for any arrearages, balloon
payment, accrued interest, accelerated charges in the event of a default, or
other extraordinary payment; nor shall the satisfaction thereof be a condition
of the County¶V LQWHULP XVH RI VXFK SURSHUW\ SURYLGHG IXUWKHU WKDW VXFK
lease, sub-lease, or license shall be suspended the date the surety on the
&RQWUDFWRU¶VERQGRULWVDJHQWDFFHSWVWKHWUDQVIHURIZRUNXQGHUWKH&RQWUDFW
6. In the event the County secures the performance of work under the Contract at
a lesser cost than would have been payable to the Contractor had the
Contractor performed the same, then the County shall retain such difference;
but in the event such cost to the County is greater, the Contractor and its
surety shall be liable for and pay the amount of such excess to the County.
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7. All payments due the Contractor at the time of default, less amounts due the
County from the Contractor, shall be applied by the County against damages
suffered and expense incurred by the County to reason of such default, any
excess shall be paid to the Contractor unless otherwise provided herein.
8. Notwithstanding the provisions of this Section, a delay or interruption in the
performance of all or any part of the Contract resulting from causes beyond
WKH&RQWUDFWRU¶VFRQWURO, as defined in section 880, shall not be deemed to be a
default and the rights and remedies of the County provided for herein shall be
inapplicable; provided that all labor disputes as defined in section 880 hereof VKDOOQRWEHFRQVLGHUHGDFDXVHEH\RQGWKH&RQWUDFWRU¶VFRQWURO as defined in
section 880.
Section 530: Commitment of Equipment
1. Unless a replacement or substitute is provided, all vehicles, facilities,
HTXLSPHQWDQGSURSHUW\LGHQWLILHGLQWKH&RQWUDFWRU¶VLQYHQWRU\XQGHU6HFWLRQ
85 IRUXVHLQWKHSHUIRUPDQFHRIWKLV&RQWUDFW FDOOHG³VXFKSURSHUW\´ VKDOO
be available for use in collecting Garbage, Yard Waste, Recycling, and Bulky
Waste. When provided, this Section applies to the replacement and substitute.
2. For the duration of this Contract, any document (including a lease to or by the
Contractor, financing Contract, acquisition over time, mortgage, or other
instrument establishing a security interest) that encumbers or limits the &RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\VKDOO
a. $OORZWKHVXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGWRWDNHRYHUWKH
&RQWUDFWRU¶V REOLJDtions and to continue the use of the equipment in
service for performance of the Contract;
b. $OORZWKH&RXQW\WRWDNHRYHUWKH&RQWUDFWRU¶VREOLJDWLRQVDQGWRFRQWLQXH
the use of the equipment in service for performance of the Contract;
c. Exempt the County from liability during its usage of such property for
arrearages, balloon payments, accrued interest, accelerated charges on
account of a default, or other extraordinary payments, and not make
satisfaction thereof a condition of the County¶VLQWHULPXVDJH Dnd
d. Forbare DQ\ IRUHFORVXUH WUXVWHH¶V VDOH RU RWKHU GLVSRVVHVVLRQ RI WKH&RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\ZLWKRXWJLYLQJERWKWKHCounty and VXUHW\RQWKH&RQWUDFWRU¶VSHUIRUPDQFHERQGVL[W\ GD\VSULRUQRWLFH
and then make any termination of WKH &RQWUDFWRU¶V LQWHUHVW LQ VXFK
property pursuant to such action or the enforcement thereof subject to the
requirement of Subsections 1, 2, and 3 of this section.
Attachment number 6
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3. To assure compliance with this Section, the Contractor shall submit to the
County for review and approval or disapproval prior to execution all contracts,
leases, or other documents for acquisition of, or encumbering or limiting the
&RQWUDFWRU¶VLQWHUHVWLQVXFKSURSHUW\RUIRUUHSODFHPHQWVWKHUHRIDQGDQ\
proposed agreement that would encumber or transfer any interest of the &RQWUDFWRU LQ VXFK SURSHUW\ EHIRUH WKH &RQWUDFWRU¶V H[HFXWLRQ RI VXFK
agreement. The County¶VDSSURYDOVKDOOQRWEHXQUHDVRQDEO\ZLWKKHOG
Section 540: Insurance
1. Contractor shall at all times during the term of this Contract, obtain and
maintain continuously, at its own expense, and file with the County evidence
of a policy or policies of insurance as enumerated below, which name the
County as an additional insured:
2. A policy of Commercial General Liability Insurance, written on an insurance
industry standard occurrence form, including the following FRYHUDJH¶V:
a. Premises/Operations Liability
b. Products/Completed Operations Liability
c. Personal/Advertising Injury
d. Contractual Liability
e. Independent Contractors Liability
f. Stop Gap/Employers Contingent Liability
g. Explosion, Collapse, or Underground (XCU)
h. Fire Damage
3. Such Policy(ies) must provide the following minimum limits:
a. Bodily Injury and Property Damage
b. $2,000,000 General Aggregate
c. $2,000,000 Products & Complete Operations Aggregate
d. $1,000,000 Personal & Advertising Injury
e. $250,000 Fire Damage
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4. Stop Gap Employers Liability:
a. $1,000,000 Each Accident
b. $1,000,000 Disease ± Policy Limit
c. $1,000,000 Disease ± Each Employee
5. A policy of Business Automobile Liability including coverage for owned,
non-owned, leased or hired vehicles written on an insurance industry standard
form or equivalent.
Such policy(ies) must provide the following minimum limit:
a. Bodily Injury and Property Damage
b. $1,000,000 Per Person
c. $2,000,000 Per Occurrence
6. A policy of Workers Compensation Insurance. With respects to Workers
Compensation insurance in the State of Georgia, the Contractor shall secure
its liability for industrial injury to its employees in accordance with the
provisions of § 34-9-1 et seq, Official Code of Georgia Annotated.
Such policy must provide the following minimum limits:
a. Statutory coverage for injuries and occupational disease.
b. (PSOR\HU¶V/LDELOLW\
7. Any deductible or self-insured retention must be disclosed and is subject to
approval by the County. The cost of any claim payments falling within the
deductible shall be the responsibility of the Contractor.
8. If any such policy is written on a ³&laims Made´ form, the retroactive date
shall be prior to or coincident with the Start Date of this Contract. The policy
shall state the coverage is ³Claims Made´, and state the retroactive date.
Claims made from coverage shall be maintained by Contractor for a minimum
of two years following the expiration or earlier termination of this Contract,
and Contractor shall annually provide the County with proof of renewal. If
renewal of the claims made form of coverage becomes unavailable, or
economically prohibitive, Contractor shall purchase an extended reporting
perioG ³WDLO´ RUH[HFXWHDQRWKHUIRUPRIJXDUDQWHHDFFHSWDEOHWRWKHCounty
to assure financial responsibility for liability for services performed.
Attachment number 6
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a. Additional Insured and Primary Insurance Provisions:
Such insurance, as provided under items (1), and (2) above, shall be
endorsed to include the County, its officers, elected officials, employees,
agents, and volunteers as additional insured, and shall not be reduced or
canceled without forty-five (45) days prior written notice to the County.
In addition, ContUDFWRU¶VLQVXUDQFHVKDOOEHSULPDU\DQGDQ\RWKHU
insurance maintained by the County shall be excess and not contributing
insurance with the Contractors insurance.
b. Evidence of Insurance: The following documents must be provided as
evidence of insurance coverage:
i. A copy of the policies declarations pages, showing the insuring
company, policy effective dates, limits of liability and the schedule of
forms and endorsements.
ii. A copy of the endorsement naming the County as an additional insured
showing the policy number and signed by an authorized representative
of the insurance company for business auto liability and for the
commercial general liability policy a form CG 2010 (ISO) or
equivalent.
iii. $FRS\RIWKH³(QGRUVHPHQW)RUP/LVW´WRWKHSROLF\RUSROLFLHV
showing endorsements issued on the policy, and including any
company-specific or manuscript endorsements.
iv. A copy of an endorsement stating that the FRYHUDJH¶V provided by this
policy to the County or any other named insured shall not be
terminated, reduced or otherwise materially changed without providing
at least forty-five (45) days prior written notice to the County.
v. $FRS\RID³6HSDUDWLRQRI,QVXUHG´RU³6HYHUDELOLW\RI,QWHUHVW´
clause indication essentially that ± except with respect to the limits of
insurance and any rights or duties specifically assigned to the first
named insured and separately to each insured against whom claim is
made or suit is brought (Commercial General Liability and Business
Automobile Liability Insurance).
c. Policy Rating: All policies shall be subject to approval by the County as
to company (must be rated A- 9,,RUKLJKHULQWKH$0%HVW¶V.H\5DWLQJ
Guide and licensed to do business in the State of Georgia or issued as a
surplus line by a Georgia Surplus lines broker), form and coverage, and
primary to all other insurance
Attachment number 6
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d. Self Insurance: Should Contractor be self insured, under item (1), (2) and
(3) above, a letter form a Corporate Officer stipulating if actuarially funds
and fund limits; plus any excess declaration pages to meet the Contract
requirements. Further, this letter should advise how Contractor would
protect and defend the County as an Additional Insured in their Self-
Insured layer, and include claims handling directions in the event of a
claim.
e. Subcontractors: Contractor shall include all subcontractors as insured
under its policies or shall furnish separate evidence of insurance as stated
above for each subcontractor. All FRYHUDJH¶V for subcontractors shall be
subject to all the requirements stated herein and applicable to their
profession.
9. Failure of the Contractor to furnish and maintain said Insurance requirements
shall be considered a material default of this Contract.
Section 550: Indemnity
The Contractor(s) shall defend, indemnify and save harmless the County and the
County¶V officers, employees and agents from any and every claim and risk, and from all
losses, damages, demands, suits, judgments and attorney fees, and other expenses of any
kind (collectively ³ORVVHV´ arising out of this Contract or the performance thereof;
including but not limited to any personal injury, or death of any and all persons
(including but not limited to the Contractor, its agents, employees, subcontractors and
their successors and assignees, as well as the County or the County¶VDJHQWVDQGDOOWKLUG
parties); and including any property damage of any kind, whether tangible or
intangible, including loss of use resulting there from, in connection with or related to the
negligent or willful act(s) or omissions of the Contractor of its subcontractor which were
caused in whole or in part by the Contractor or its subcontractor while performing work
under this Contract, or in connection with or related to (in whole or in part by reason of)
the presence of the Contractor or its subcontractors or their property, employees or
agents, upon or in proximity to the property of the County or any other property (upon
which the Contractor is performing any work called for), except only those losses
resulting solely from the negligence of the County.
Section 560: Liquidated Damages ± Reasonable pre-estimate of Owners Damages
1. Augusta is committed to delivering quality solid waste disposal services to its
citizens and maintaining clean streets and public areas. This Section
establishes damages for failure to meet performance standards hereinafter set
forth. This Section is independent of Section 511 ± Default of Contractor.
The County and Contractor expressly agree that the potential harm or injury to
the County caused by the following incidents of substandard performance are
difficult or impossible to accurately estimate. The County and Contractor
stipulate that the following damages are a reasonable pre-estimate of the
Attachment number 6
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51
probable loss to the County and the public. The parties agree that these
provisions for liquidated damages are not intended to operate as penalties for
breach of Contract.
2. This Section is independent of Section 520 - Default of Contractor. The
amounts agreed to herein for each act or omission are Liquidated Damages.
Liquidated Damages may be set-off and deducted from the monthly payment
to the Contractor.
3. This section will be effective on and after February 1, 2006.
a. Performance
Standard
(Omission): Not placing Carts/Bins back in their original locations in a
neat and orderly manner, Carts/Bins upright, and
thoroughly emptied. (Section 114)
Damage: $25 per incident
b. Performance
Standard
(Omission): Commencement or completion of collections outside of
contract specifications except as expressly permitted
herein. (Section 126)
Damage: $100 per incident (each truck is a separate incident plus
starting early and ending late will be considered two
events)
c. Performance
Standard
(Omission): Failure to collect spillage. (Section 230)
Damage: $100 per incident per day (each Unit represents a separate
incident)
d. Performance
Standard
(Omission): Failure to collect missed Garbage, Yard Waste, Recycling
or Bulky Waste pursuant to this Contract. (Section 144)
Damage: $25 per incident to a maximum of $500 per truck per day
for each type of collection (Garbage, Yard Waste, etc.)
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e. Performance
Standard
(Omission): Failure to deliver or replace Carts/Bins as specified in the
Contract. (Sections 148 and 150.)
Damage: $25 per Carts/Bins per day.
f. Performance
Standard
(Omission): Failure to start the Contract on the Start Date.
Damage: $5,000 per day.
g. Performance
Standard
(Omission): Mixing of Contract waste with non-contract waste. (Section
60)
Damage: $5,000 per event
h. Performance
Standard
(Omission): Intentional disposal of Yard Waste and/or Recycling
Materials placed in a collection vehicle collecting Garbage.
Damage: $100 per incident per day (each Unit represents a separate
incident) (Section 104)
4. The liquidated damages set forth above are not intended to compensate the
County for any damages other than inconvenience and loss of use or delay in
services. The existence or recovery of such liquidated damages shall not
preclude the County from recovering other damages in addition to the
payments made hereunder which the County can document as being
attributable to the above referenced failures. In addition to other costs that
may be recouped, the County may include costs of personnel and assets used
to coordinate, inspect, and re-inspect items within this Contract as well as
attorney fees if applicable.
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G. Equal Opportunity/Non-Discrimination, Drug Free Work Place
Section 600: Equal Employment Opportunity
1. The Contractor shall not discriminate against any employee or applicant for
employment because of race, religion, creed, color, sex, marital status, sexual
orientation, political ideology, ancestry, national origin, or the presence of any
sensory, mental, or physical handicap, unless based upon a bonafide
occupational qualification. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment, without regard to their of race, religion, creed, color, sex, marital
status, sexual orientation, political ideology, ancestry, national origin, or the
presence of any sensory, mental, or physical handicap. Such action shall
include, but not be limited to the following: employment, upgrading,
promotion, demotion, transfer, recruitment or recruitment advertising, layoff
or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices are provided, setting forth the provisions of this non-discrimination
clause.
2. The Contractor agrees that it will inform the County of any alleged
violation(s) of employment practices involving any employees who work
under this Contract which are asserted in any claims filed with the Equal
Employment Opportunity Commission, Labor Department, or any other
federal or state compliance agency within ten (10) days of becoming aware of
said claim. The Contractor will also inform the County of the final disposition
of such cases within ten (10) days of becoming aware of the final disposition.
Section 610: Equal Employment Opportunity ± Implementation
1. The Contractor shall obtain in writing from each subcontractor or participant
in a joint venture, an affirmative action policy or program and retain such
written policy or program for inspection by the County.
2. The Contractor shall be responsible for the compliance of subcontractors or
joint ventures. Appropriate sanctions for noncompliance will be imposed on
the Contractor. The requirements for the Contractor apply to subcontractors, UHJDUGOHVVRIWLHU7KH&RQWUDFWRU¶VUHVSRQVLELOLW\LQFOXGHVREWDLQLQJHTXDO
employment opportunity documentation from subcontractors or joint ventures
and reviewing the same as to validity and compliance. The Contractor shall
VXEPLWVXFKGRFXPHQWDWLRQFRQFXUUHQWZLWKWKH&RQWUDFWRU¶VRZQVXEPLWWDOV
3. The Contractor will, prior to commitment and during the term of this Contract,
furnish to the County upon their request and on such form as may be provided
Attachment number 6
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54
by the County, a report of the affirmative action taken by the Contractor in
implementing the terms of these provisions, and will permit access to their
records of employment, employment advertisements, application forms, other
pertinent data records requested by the County for the purpose of investigation
to determine compliance with this provision. If upon investigation, the
County finds probable cause to believe that the Contractor has failed to
comply with any of the terms of these provisions, the Contractor and the
County shall be so notified in writing. The County shall give the Contractor
an opportunity to be heard, after ten (10) days notice. If the County finds
cause, the County may suspend the Contract and/or withhold any funds due or
to become due to the Contractor, pending compliance by the Contractor with
the terms of these provisions. Failure to comply with any of the terms of these
provisions shall be a material default of the Contract.
4. The foregoing provisions will be inserted in all subcontracts for work covered
by this Contract.
Section 620: Drug ±Free Workplace
1. The County is a drug-free workplace employer. The Contractor hereby
certifies that it has or it will within thirty (30) days prior to the Start Date of
the Contract:
2. Notify employees that the unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited in the workplace and
specifying actions that will be taken for violations of such prohibition;
3. Establish a drug-free awareness program to inform employees about (i) the
GDQJHUV RI GUXJ DEXVH LQ WKH ZRUNSODFH LL WKH &RQWUDFWRU¶V SROLF\ RI
maintaining a drug-free workplace, (iii) any available drug counseling,
rehabilitation, and employee assistance programs, and (iv) the penalties that
may be imposed upon employees for drug abuse violations;
4. Notify each employee that as a condition of employment, the employee will
(i) abide by the terms of the prohibition outlined above, and (ii) notify the
Contractor of any criminal drug statute conviction for a violation occurring in
the workplace not later that five (5) days after such conviction;
5. Impose a sanction on, or requiring the satisfactory participation in a drug
counseling, rehabilitation or abuse program by, an employee convicted of a
drug crime;
6. Make a good faith effort to continue to maintain a drug-free workplace for
employees; and require any party to which it subcontracts any portion of the
work under the Contract to comply with the above provisions.
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7. A false certification or the failure to comply with the above drug-free
workplace requirements during the performance of the Contract shall be
grounds for suspension, termination or debarment.
8. The foregoing provisions will be inserted in all subcontracts for work covered
by this Contract.
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H. Operations Plan, Emergency Plan
Section 700: Operations Plan
1. After the Contract has been awarded and no less than ninety (90) days prior to
the Start Date, the Contractor shall prepare and submit to the County a
comprehensive and detailed Operations Plan, which describes in detail all
tasks, procedures and resources associated with the transition from the
&RXQW\¶VFXUUHQWContract for Garbage, Yard Waste, Recycling and Bulky
Waste collection to the awardees of this Contract. The Operations Plan, once
approved by the County, will become a part of this Contract.
2. The Operations Plan shall spell out in detail all costs, steps, tasks, activities,
events, procedures and resources necessary for the Contractor to provide for a
smooth and efficient transition from the County¶VFXUUHQWservice providers to
the Contractor awardees, with minimum disruption to the County¶V&XVWRPHU.
The Operations Plan will further contain a time line and completion date for
all such tasks and activities. The Contractor will ensure that certain essential
operations as set forth in the Operations Plan will not be interrupted by any
part of the transition. The Contractor shall seek the County¶V LQput in
developing the Operations Plan, and the Operations Plan shall not be deemed
final until accepted in writing by the County.
3. The Operations Plan shall be maintained by the Contractor, and shall be
updated and submitted to the County on a weekly basis throughout the
implementation phase to reflect the current status of all work. Aside from
updates to show tasks accomplished, no changes to the Operations Plan shall
be made without the prior written approval of the County.
4. The County shall have the right to audit, on its own behalf or through agents,
the Operations Plan and the progress of all work throughout the
implementation. The County or its agents shall be entitled to conduct audits
as it sees fit.
5. The Contractor will adhere to the schedule set forth in Operations Plan
regarding the transition and implementation of its Garbage, Yard Waste,
Recycling, and Bulky Waste. There shall be no extensions of the time periods
or completion dates set forth in the Operations Plan without the County¶V
written consent.
6. When stating days in the Operations Plan, it is to be based on Calendar Days.
7. Throughout the implementation phase weekly reports will be made to the
County regarding the progress of the transition.
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8. Samples of items to include in the operations plan would be;
a. Acquiring assets, preparing assets for collection, scheduling asset
inspections, etc.
b. Asset Inspections.
c. Developing asset inventory lists.
d. Setting up contractors offices.
e. Ensuring disposal stickers are purchased, and placed on vehicles.
f. Setting up routes, and creating service maps.
g. Procedures for notifying customers of new collection days.
h. Procedures for orientation of collection and Cart/Bin delivery personnel
including route coordination/cooperation with County staff.
i. Identifying handicapped/special needs customers.
j. Procedures for transmitting information to and from the County and the
Contractor
k. Procedures for applying, appealing and reversing liquidated damages.
l. Standards for electronic transfer of information.
m. Acquisition of bonds and insurance.
n. Developing an emergency plan.
Section 710: Emergency Plan
1. At least thirty (30) days prior to the Start Date, the Contractor shall submit an
Emergency Plan to the County which shall detail those actions which the
Contractor will take to deal with emergency situations such as extreme cold
temperatures, snow/ice, fire, or natural disaster which would require a
deviation from normal operating procedures.
2. The Emergency Plan shall also include emergency phone numbers of the
Contractor, and for key contact persons, such that a responsible contact person
is available to the County at all times. The Emergency Plan must also include
customer notification procedures.
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3. Upon submission of the Emergency Plan to the County, the County shall
approve or reject the Emergency Plan. If the Emergency Plan is rejected, the
Contractor and the County will begin negotiations to develop a mutually
agreeable Emergency Plan prior to the Start Date of the Contract.
4. The emergency plan shall be updated annually in the month of January.
Additional updates are required when items in the plan change or need
updated.
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I. Ancillary Provisions
Section 800: Assignment of Pledge of Monies by the Contractor
The Contractor shall not assign or pledge any of the monies due under this Contract
without securing the written approval of the surety on the performance bond as well as
the payment bond and providing at least thirty (30) days prior written notice to the
County RIVXFKDVVLJQPHQWVRUSOHGJHWRJHWKHUZLWKDFRS\RIWKHVXUHW\¶VDSSURYDO(s)
thereof. Such assignments or pledge, however, shall not release the Contractor or its
sureties from any obligations or liabilities arising under or because of this Contract.
Section 805: Assignment, Subcontracting, Delegation of Duties
1. The Contractor may not sub-Contract more than 50% of the total amount of
collections and total work under this Contract without the prior written
approval of the County. The Counties decision shall be final and binding.
2. Except for the subcontracting identified in the Contractor¶s proposal, the
Contractor shall not assign or subcontract or transfer any of the work or
delegate any of its duties under the Contract without the prior written approval
of the County, which approval may be withheld in the County¶V VROH
discretion. Notwithstanding the foregoing, the County¶VDSSURYDOVKDOOQRW
unreasonably be withheld if the Contractor proposes to assign or transfer this
Contract to an affiliate of the Contractor or to Contractors parent corporation,
provided that Contractor can establish to the reasonable satisfaction of the
County that (i) the assignee or transferee will operate the Contract in
substantially the same manner as the Contractor, will use substantially the
same management and collection personnel as Contractor, and possesses
substantially the same financial capabilities as Contractor and (ii) the assignee
or transferee is not affiliated in any way with the company that has a Contract
for residential collection with the County for the portion of the County outside
the Contractor Collection Area.
3. In the event of an assignment, subcontract, or delegation of duties, the
Contractor shall remain responsible for the full and faithful performance of
the Contract and the assignee, subcontractor, other obligor shall also become
responsible to the County for the satisfactory performance of the work
assumed. The County may condition its approval upon the delivery by the
assignee, subcontractor or other obligor of its covenant to the County to fully
and faithfully complete the work or responsibility undertaken.
4. During the term of this Contract, the Contractor shall not have an ownership
interest in any other company that has a Contract for residential collection
with the County.
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5. Should a Contractor sub-contract work under this contract, a sub-contract
contract/agreement shall be generated in writing. This agreement shall at a
minimum include the area to be serviced, the price that the sub-contractor
shall be paid, and the required sections under this contract that flow through to
a sub-contractor. A copy of said agreement(s) shall be provided to the County
within fourteen (14) days of execution.
Section 810: Audit and Inspections
1. During the term of the Contract and for a period of one (1) year after the
termination or expiration of the Contract for any reason, the County shall have
the right to audit, either itself or through an agent, the books and records
(including but not limited to technical records) of the Contractor to ensure the
&RQWUDFWRU¶VFRPSOLDQFHZLWKDOOWKHWHUPVDQGFRQGLWLRQVRIWKH&RQWUDFW
2. During the term of the Contract, the County shall have the right to inspect any
item deemed necessary to ensure that Contract provisions are/were being met.
This can include, but is not limited to; site visits to the office or other
locations used under this Contract, disposal locations, field, shop inspections
or equipment, etc.
Section 815: Contractor Will Not Sell or Disclose Data
The Contractor will treat as confidential information, all data in connection with the
Contract. County data processed by the Contractor shall remain the exclusive property of
the County. The Contractor will not reproduce, copy, duplicate, disclose or in any way
treat the data supplied by the County in any manner except as contemplated by this
Contract.
Section 820: No Publicity
No advertising, sales promotion or other materials of the Contractor or its agents or
representatives may be distributed to customers without prior written approval of the
County. The Contractor, its agents or representatives shall not reference this Contract or
the County in any manner without the prior written consent of the County.
Section 825: Contract Rights
1. The parties reserve the right to amend this Contract from time to time by
mutual agreement in writing.
2. Rights under this Contract are cumulative, and in addition to rights existing at
common law.
3. Payment by the County and performance by the Contractor do not waive their
Contract rights.
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4. Failure by either party on any occasion to exercise a Contract right shall not
forfeit or waive the right to exercise the right of another occasion. The use of
one remedy does not exclude or waive the right to use another.
Section 830: Open Records Act
Contractor acknowledges that County records including this Contract are subject to
*HRUJLD¶V Open Records Act.
Section 835: Interpretation
1. This Contract shall be interpreted as a whole and to carry out its purpose. This
Contract is an integrated document and contains all the promises of the
parties; no earlier oral understandings modify its provisions.
2. Captions are for convenient reference only. A caption does not limit the scope
or add commentary to the text.
Section 840: Law; Venue
The laws of the State of Georgia shall govern the validity, construction and effect of this
Contract. The venue for any claims, litigation or causes of action between the parties
shall be in the Superior Court of the Richmond County, Georgia.
Section 845: Discretionary Waiver of Right to a Jury Trial
The Contractor and County may waive all rights to have a trial by jury in any action,
proceeding, claim, or counterclaim brought by either of them against the other on any
matter whatsoever arising out of or in any way related to or connected with the Contract.
Section 850: Specific Performance and Injunctive Relief
The Contractor agrees that the services are critical to the County¶VRSHUDWLRQDQGWKDW
monetary damages are not an adequate remedy for the Contractors failure to provide
services as required by the Contract, nor could damages be the equivalent of the
performance of such obligation. Accordingly, the Contractor hereby consents to an order
granting specific performance of such obligations of the Contractor in a court of
competent jurisdiction within the State of Georgia. The Contractor further agrees that a
failure by it to perform the services in the manner required by the Contract will entitle the
County to injunctive relief.
Section 855: Notices
1. All official notices or approvals shall be in writing. Unless otherwise
directed, notices shall be delivered by messenger, by certified or registered
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mail, return receipt requested, or by fax to the parties at the following
respective addresses:
To the County: To the Contractor:
Assistant Director Robert A. Smith
4330 Deans Bridge Road 701 Santa Isabel Blvd.
Blythe, GA. 30805 Laguna Vista, TX. 78578
(706) 592-9634 Phone (956) 943-4556 Phone
(706) 592-1658 Fax (956) 943-4557 Fax
2. Either party may from time to time designate a new address for notices.
Unless a return receipt or other document establishes otherwise, a notice sent
by U.S. Mail shall be presumed to be received the third business day after its
mailing.
Section 860: Severability
Should any term, provision, condition, or other portion of this Contract or its application
be held to be inoperative, invalid, or unenforceable, and the remainder of the Contract
still fulfills its purposes, the remainder of this Contract or its application in other
circumstances shall not be affected thereby and shall continue in force and effect.
Section 865: Interest of the Parties
The Contractor covenants that its officers, employees and shareholders have no interest
and shall not acquire any interest, direct or indirect, which would conflict in any manner
of degree with the performance of services required under the Contract.
Section 870: No Bribery
The Contractor certifies that neither it, any of its affiliates or subcontractors, nor any
employees of any of the forgoing has bribed or attempted to bribe an officer or employee
of the County in connection with the Contract.
Section 875: Change in Control ± Legal Counsel
1. ,QWKHHYHQWRIDFKDQJHLQ³&RQWURO´RIWKH&RQWUDFWRU DVGHILQHGEHORZ WKH
County shall terminate the Contract for default unless the County has granted
prior written approval. Such approval shall be at the sole discretion of the
County. Any approval by the County for transfer of ownership or control
shall be contingent upon the perspective controlling party becoming a
signatory to the Contract and otherwise complying with the terms of the
Contract. The Contractor shall notify the County within ten (10) days after it
becomes aware that a change in Control will occur. As used in the Contract, WKHWHUP³&RQWURO´VKDOOPHDQWKHSRVVHVVLRQGLUHFWRULQGLUHFWRIHLWKHU
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a. The ownership of or ability to direct the voting of, as the case may be fifty
one (51%) or more of the equity interest, value or voting power of the
Contractor; or
b. The power to direct or cause the direction of the management and policies
of the Contractor whether through the ownership of voting securities, by
Contract or otherwise.
Section 880: Force Majeure
1. The Contractor shall not be liable for any failure or delay in the performance
of its obligations pursuant to this Contract (and such failure or delay shall not
be deemed a default of this Contract or grounds for termination hereunder if
all of the following conditions are satisfied:
a. If such failure or delay
i. could not have been prevented by reasonable precaution, and
ii. cannot reasonably be circumvented by the non-performing party
through the use of alternate sources, work around plans, or other
means, and
b. If and to the extent such failure or delay is caused, directly or indirectly by
fire, flood, earthquake, hurricane, elements of nature or acts of God, acts
of war, terrorism, riots, civil disorders, rebellions, or revolutions, or court
order.
2. Upon the occurrence of an event which satisfies all of the conditions set forth
above, the Contractor shall be excused from any further performance of those
obligations pursuant to this Contract affected by the Force Majeure for as long
as;
a. Such Force Majeure event continues and,
b. The Contractor continues to use commercially reasonable efforts to
recommence performance whenever and to whatever extent possible
without delay.
3. Upon the occurrence of a Force Majeure event, the Contractor shall
immediately notify the County by telephone and confirmed in writing within
two (2) days of the occurrence of a Force Majeure and shall describe in
reasonable detail the nature of the Force Majeure. If any Force Majeure
prevents the Contractor from performing its obligations for more than five (5)
days, the County may terminate this Contract.
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4. Strikes, slow-downs, walkouts, lockouts and individual disputes are not
excused under this provision.
Section 885: Dispute Resolution
1. In the event of a dispute arising under this Contract, the parties shall continue
performance of their respective obligations under this Contract and shall
attempt to resolve such dispute in a cooperative manner. If the parties are
unable to resolve the dispute, then, in addition to and without waiving any
rights and remedies under this Contract or under civil or common law, the
parties may voluntarily agree to arbitration pursuant to the terms of this
section.
2. Within fifteen (15) days after agreement to arbitration has been reached, each
party shall submit the name of its own arbitrator, selected from a panel of
persons qualified by the American Arbitration Association and the two
arbitrators shall select a third arbitrator from such panel within fifteen (15)
days thereafter, or in case of a disagreement concerning the appointment of
the third arbitrator, the third arbitrator shall be appointed from such panel by
the presiding judge of Richmond County Superior Court. During such time
that the arbitrators are being selected or appointed, the parties shall continue
to negotiate in good faith to resolve their dispute in a cooperative manner.
3. The arbitrators shall apply applicable provisions of Georgia law in reaching
their determination. The determination by the arbitrators shall be final and
binding on the parties, and any judgment upon the award rendered pursuant to
such arbitration may be entered in any court having jurisdiction thereof. The
County and Contractor shall use their best efforts to conclude all arbitration
proceedings involving fee and rate adjustment disputes within thirty (30) days
following the commencement of such arbitration proceedings. Any arbitration
determination granting an increase in fees or rates may include an award of
interest at the statutory rate until the date the increase becomes effective.
4. The arbitrators shall have the authority, but shall not be required, to award to
the prevailing party in the arbitration proceedings reasonable attorneys fees,
expert and non-expert witness costs and expenses, and all other reasonable
costs and expenses incurred directly or indirectly in connection with the
proceedings provided, however, the costs of the arbitrators shall be shared
equally by the parties.
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____________________________
___________________________________ Augusta, Georgia (Augusta-
Richmond County, Georgia)
By:__________________________
As its Mayor
Attest:
_________________________________
Clerk of Commission
The foregoing Contract is hereby executed by the below-listed parties:
Contractor:___________________
By:_________________________
As its:_______________________
Sworn to and subscribed before me this _____ day of
____________________, 2005.
_______________________________
Notary Public
My Commission Expires:__________________
Attachment number 6
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66
Example From Section 146
Assumptions
1. Cart rental rate in Exhibit B = $2.00
2. County elects to replace 250 carts.
3. Carts were received by the contractor on the 15th of the month.
Calculations
Proration Amount
1. ($2.00/31) = $.0645 (cents per day per cart)
2. ($.0645*15) = $.9675 (prorated amount per cart based on date received)
3. ($.9675*250) = $241.88 (amount owed based on prorated amount and the
number of carts)
Implementation Amount
1. ($.0645*14) = $.903 (prorated amount multiplied by allowed implementation
days)
2. ($.903*250) = $225.75 (amount owed based on 14 days implementation
multiplied by 250 carts)
Total owed to Contractor
$241.88 for prorated amount plus $225.75 for implementation period = $467.63
5. The County may ship the Contractor Carts which are assembled, unassembled,
in single, limited, or truckload quantity.
6. All cost(s) associated with assembly and delivery of said carts shall be that of
the Contractor.
Attachment number 6
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Exhibit A: Collection Area(s)
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68
Exhibit B: Rate Table
Services Twice per week Once per week
Garbage $7.91
Recycling $2.32
Yard Waste $2.87
Bulk Waste $1.35
Monthly Collections Cost $14.45
Additional Services Monthly
Cart Rental Fee (per garbage cart provided by Contractor)$0.10
Extra Garbage Collection (per additional cart serviced)$3.00
Extra Recycling Collection (per additional cart serviced)$1.00
Attachment number 6
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69
Exhibit C: Force Majeure Rate Table
Rate Rate Per
10 Yard Roll Off $125.00 Pull
20 Yard Roll Off $125.00 Pull
30 Yard Roll Off $125.00 Pull
40 Yard Roll Off $125.00 Pull
Regular Time Rate Overtime Rate Rate Per
15-24 Yard Rear Load (Driver and Helper)$84.51 $84.51 Hour
25 Yard or Larger Rear Load (Driver and Helper)$84.51 $84.51 Hour
15-24 Yard Side Load (Driver)$66.21 $66.21 Hour
25 Yard or Larger Side Load (Driver)$66.21 $66.21 Hour
25 Yard or Larger Front Load (Driver and work can) N/B N/B Hour
Additional Laborer (per person as requested)$25.00 $30.00 Hour
Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per
1 Other work as negotiated.$0.00 $0.00
2 $0.00 $0.00
3 $0.00 $0.00
4 $0.00 $0.00
5 $0.00 $0.00
6 $0.00 $0.00
7 $0.00 $0.00
8 $0.00 $0.00
9 $0.00 $0.00
10 $0.00 $0.00
Attachment number 6
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70
Exhibit D: Eviction, Vacant Lot, Special Clean-up
Rate Rate Per
10 Yard Roll Off $125.00 Pull
20 Yard Roll Off $125.00 Pull
30 Yard Roll Off $125.00 Pull
40 Yard Roll Off $125.00 Pull
Regular Time Rate Overtime Rate Rate Per
Rear Load (Driver)$84.51 $84.51 Hour
Side Load (Driver)$66.21 $66.21 Hour
Front Load (Driver and work can) N/B N/B Hour
Additional Laborer (per person as requested)$25.00 $30.00 Hour
Additional Services Offered by Contractor Regular Time Rate Overtime Rate Rate Per
1 Other work as negotiated
2
3
4
5
6
7
8
9
10
Attachment number 6
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CORPORATE CERTIFICATE
I, ______________________________ certify that I am the Secretary of the corporation
named as Contractor in the attached Contract; that _______________________________
who signed said Contract on behalf of the Contractor was then _____________________
of said corporation; that said proposal was duly signed for and in behalf of said
corporation by authority of its Board of Directors, and is within the scope of its corporate
powers; that said corporation is organized under the laws of the State of
_________________________.
This ____ day of _______________,2005
Corporate
Secretary:______________________________________
(name signed)
________________________________________
(name printed or typed)
(SEAL)
Attachment number 6
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NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of ____________________ County of ____________
I, ________________________________ being first duly sworn, deposes and says that:
He or she is _______________________ of___________________, the Bidder that has
submitted the attached Bid:
He or she is fully informed respecting the preparation and contents of the attached Bid
and of all pertinent circumstances respecting such Bid.
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this Affiant, has in any way colluded,
conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person
to submit a collusive or sham Bid in connection with the Contract for which the attached
Bid has been submitted or to refrain from bidding in connection with such Contract, or
has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder, firm or person to fix the price or
prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost
element of the Bid price or the Bid price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City
of Augusta or any person interested in the proposed Contract; and
Continued to the next page
Attachment number 6
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73
The price or prices quoted in the attached Bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or
any of its agents, representatives, owners, employees, or parties in interest, including this
Affiant.
BIDDER:________________________________
By:_____________________________________
(name signed)
________________________________________
(name printed or typed)
Date:____________________________________
Subscribed and sworn to me this ____ day of _________________, 2005
NOTARY PUBLIC: _____________________________
(name signed)
______________________________________________
(name printed or typed)
Commission Expires: ____________________________
(SEAL)
Attachment number 6
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74
NOTICE OF AWARD
To: Robert A. Smith ± Inland Service Corporation
701 Santa Isabel Blvd.
Laguna Vista, TX. 78578
Project Description: ³6ROLG:DVWH&ROOHFWLRQV&RQWUDFW´
The Owner has considered the Bid submitted by you for the above-described work in response to
its Invitation to Bid and Information from Bidders.
You are hereby notified that your Bid has been accepted for items in the amount
determined by the contract based on the financial bids submitted for this contract, which will
become a part of this Contract as Exhibit B, C, and D.
You are required by the Information for Bidders/Contract Documents to execute the Agreement
DQGIXUQLVKWKHUHTXLUHG&RQWUDFWRU¶V3HUIRUPDQFH%RQG3D\PHQW%RQGDQGFHUWLILFDWHVof
insurance within fifteen (15) calendar days prior to the start date of the contract. However, in any
FDVHD³1RWLFHWR3URFHHG´ZLOOQRWEHJLYHQXQWLOWKHDERYHPHQWLRQHGLWHPVDUHUHFHLYHG(DUO\
delivery of said documents will expedite the contracting process. Augusta recommends
submission of WKHUHTXLUHGERQGVDQGLQVXUDQFHZLWKWKHH[HFXWHG³1RWLFHRI$ZDUG´7KHVH
items may have an effective date of January 1, 2006.
If you fail to execute said Contract within thirty (30) days from the date of this Notice, Augusta
will be entitled to consider all your rights arising out of the Counties acceptance of your Bid as
abandoned and such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the County.
Dated this 10th day of October, 2005.
Augusta-Richmond County_____________________________
By:_________________________________________________
Name and Title: Geri Sams, Director of Procurement_________
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by __________________ this the
_____ day of __________________,2005.
By: _____________________________________________
Name and Title: _____________________________________
Attachment number 6
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75
NOTICE TO PROCEED
To: Robert A. Smith ± Inland Service Corporation
701 Santa Isabel Blvd.
Laguna Vista, TX. 78578
Project Description: ³6ROLG:DVWH&ROOHFWLRQV&RQWUDFW´
You are hereby notified to commence work in accordance with the contract dated
_______________, 2005, on or before January 1,2006 and you are to comply with all
terms, conditions, provisions, etc. as identified in the executed Contract.
Dated this ______day of___________________________,2005.
Augusta Richmond County___________________
By: _____________________________________
Name and Title:____________________________
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by________________
this the _____ day of ___________________, 2005.
By:__________________________________________
Name and Title:________________________________
Attachment number 6
Page 75 of 76
Item # 30
REVISED 2010 Solid Waste Collections Contract - Inland Services
76
&(57,),&$7(2)$8*867$¶6 ATTORNEY
I, the undersigned, Stephen E. Shepard, the duly authorized and acting legal
representative of Augusta-Richmond County, do hereby certify as follows:
I have examined the attached Contract(s) and surety bonds and the manner of
execution thereof, and I am of the opinion that each of the aforesaid agreements
has been duly executed by the proper parties thereto acting through their duly
authorized representatives; that said representatives have full power and
authority to execute said agreements on behalf of the respective parties named
thereon; and that the foregoing agreements constitute valid and legally binding
obligations upon the parties executing the same in accordance with terms,
conditions and provisions thereof.
____________________________
(Signature)
Date:________________________
End of Contract
Attachment number 6
Page 76 of 76
Item # 30
CommissionMeetingAgenda
8/16/20115:00PM
UpgradeandExtendedFullReplacementWarrantyfor On-SiteSodiumHypochloriteGeneration
SystemCells
Department:Utilities
Caption:Motionto approvepurchasingextendedfullreplacement
warrantiesfortheon-sitehypochloritegeneration system
electrodesandcellsattheHighlandAvenueWaterT reatment
PlantandtheJamesB.MesserlyWaterPollutionCon trolPlant.
(ApprovedbyEngineeringServicesCommitteeAugust 8,
2011)
Background:Oneofthecomponentsoftherecentupgradestoour water
productionandwastewatertreatmentfacilitieswas toreplacethe
useofchlorinegaswithon-sitegenerationofsodiumhypochlorite
inordertoreduceourriskfromthestorageandha ndlingof
hazardousmaterials.Sinceourunitshavebeenins talledthe
manufacturer,SevernTrentWaterPurification,Inc.(STWP),has
improvedthedesignandreliabilityofthesystems bymodifying
thestructureofthegenerationcells.STWPhasof feredtoupgrade
ourexistingunitstotheirnewdesignandprovide anadditional2
yearsoffullcoveragewarrantyforbothoftheses ystems.The
costoftheupgradesandwarrantyextensionis$81,000.
Analysis:Theoriginalwarrantyfortheseunitswasfor2yea rsoffull
replacementcoveragefollowedby5yearsofpro-rat edcoverage.
Theadditional2yearsoffullreplacementcoverage forthe
electrodesandcellsprovidedbythisofferwouldb efollowedby3
yearspro-ratedcoveragetherebymaintainingourto talwarranty
periodat7years.
FinancialImpact:Thecostoftheproposedupgradeandextendedfull replacement
warrantyis$81,000.00.
Alternatives:Donotupgradetheunitstothemorereliabledesig nandaccept
theriskofexpensivesystemreplacementoramorec ostlyupgrade
inthefuture.
Recommendation:Approvepurchasingextendedfullreplacementwarran tiesfortheCover Memo
Item # 31
on-sitehypochloritegenerationsystemelectrodesa ndcellsatthe
HighlandAvenueWaterTreatmentPlantandtheJames B.
MesserlyWaterPollutionControlPlantatatotalc ostof
$81,000.00.
FundsareAvailable
intheFollowing
Accounts:
$81,000fromBudgetAccount506043520-5425110
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 31
On-Site Sodium Hypochlorite Generation System
Proposal No. Q2-3024-0
April 21, 2011
Mr. Allen Saxon
Augusta Utilities Department
360 Bay Street, Suite 180
Augusta, Georgia 30901
Reference: Augusta Highlands and Messerly WTPs, Electrolytic Cell Warranty Extension
Dear Mr. Allen Saxon,
Severn Trent Water Purification Inc. is pleased to quote an extended warranty of your Onsite
Hypochlorite Generation (OSHG) system’s electrolytic cells at the Augusta Highlands and Messerly sites.
STWP’s standard terms and conditions apply as supplemented where noted on the warranty riders for the
electrolytic cells and shall prevail over any other terms and conditions. Completion of all work quoted at
both sites is 4 weeks from the date of execution by both parties of an acceptable purchase order. This
quote is valid for 30 days, after which it may be subject to price changes, unless extended in writing.
Payments terms are net 30 days.
The extended warranty is effective after STWP retrofits the four existing 750ppd electrolytic cells at the
Highlands site and the four existing 600ppd electrolytic cells at the Messerly site. The retrofit kit includes
thicker outer rows of electrolytic cell plates, a new primary cathode with a heavier outside plate
configuration, backing plates for both the primary cathode and the primary anode, a down tube, removal of
last cell compartment baffle and a new floating end plug. In addition we also insert newer heartier spacers
on the thicker plates.
The retrofitted cells would then have an extended warranty as follows: two full years for the entire cell which
includes new and used parts, followed by three years of prorated warranty for the electrode assembly per
the attached warranty rider. The warranty starts when the retrofits are completed and cells are re-
commissioned by STWP. Evidence of completion of commissioning is your firm’s sign-off of the STWP
service order.
In other words, given that the first two years of the original 7 year warranty has expired, the original 2 years
of full replacement warranty for the entire cell is extended by another 2 full years, and the prorated portion
of the original total 7 year warranty (5 years of electrode assembly proration) is reduced to 3 years so that
the total original warranty period remains the same.
Severn Trent Water Purification, Inc.
2660 Columbia St.
Torrance, CA 90503
Telephone: 310-618-9700
ClorTec®
Attachment number 1
Page 1 of 12
Item # 31
The retrofit would have to be performed by STWP for the warranty to be valid. The warranty covers parts
only and is for defects in materials and workmanship.
The price includes all cost for materials, labor and expenses to produce and install the retrofits and to re-
commission all the retrofitted cells. All shipment costs are included as well.
The price to make, deliver, install, and commission the four 600ppd retrofit kits and four 750ppd retrofits kits
and for the aforementioned extended warranty is a total lump sum of $81,000.00 for both the Messerly and
Highlands sites. All work described in this quote will be completed with 1 trip for both sites within the 4
consecutive weeks after execution of an acceptable purchase order. Access to the sites is to be unfettered
to allow the work to be accomplished as efficiently as possible and in the same trip. The extended full 2
year warranty and 3 year prorated warranty will begin once we have a signed Service Order stating all work
is complete.
Thank you for you time and please feel free to contact the undersigned or local Regional Sales Manager
Mr. Mitch Matthews should you have any questions.
Best Regards,
Bernie Eckert
Customer Service Business Development Manager
cc: Mitch Matthews
Southeast Regional Sales Manager
Cell 1-706-255-8964
mmatthews@severntrentservices.com
Tel: 1-813-598-1671
Attachment number 1
Page 2 of 12
Item # 31
Commercial Conditions
1. Payment terms: Net 30 days.
2. This proposal shall remain valid for thirty days, after which it may be subject to price changes, unless
extended in writing by STWP.
3. Delivery: F.O.B Factory, freight paid by Severn Trent (exclusive of taxes).
4. This STWP proposal Q2-3024-0 must be incorporated as a part of any agreement if awarded this project.
In case of conflict between this proposal and any specifications and terms and conditions the STWP
proposal shall take precedence unless otherwise negotiated.
5. The effective date of the purchase order is the date by which the buyer and STWP have signed the purchase
order.
6. All work at both sites is to be performed within the same trip.
7. A standard Severn Trent liability and workers compensation insurance policy is in effect for this project. No
other coverage will be allowed for without additional compensation for the cost of policy riders, adders, etc.
and the approval of Severn Trent management.
Attachment number 1
Page 3 of 12
Item # 31
ClorTec Standard Operating Conditions
Proper system operation and electrode warranty is subject to the end-user meeting the following conditions:
Inlet Water Conditions
Providing untreated drinking quality potable water.
Inlet Water Temperature: Inlet water temperature must be between 65˚F-80˚F [18˚C-27˚C].
Inlet Water Pressure: Water Pressure must be maintained per system Process & Instrumentation Diagram.
Salt Quality:
Must contain no organic binders, flow control agents or resin cleaning material, and meeting the following
specifications
NaCl:
-dry basis 96.3% minimum
-wet 93.3% minimum
Calcium Sulfate 0.30% maximum
Magnesium Chloride 0.06% maximum
Calcium Chloride 0.10% maximum
Magnesium Sulfate 0.02% maximum
Insoluble’s 0.1% maximum
Moisture (as H2O) 3.0% maximum
Lead 0.0007% maximum
Copper 0.0003% maximum
Iron (as Fe) 0.002% maximum
Fluoride
Manganese
0.002% maximum
<0.0002%
Water Quality:
Must be free of polymer additives, flocculants, coagulants and antiscalants. Salinity to electrolytic cell must be
maintained above an average of 18,000 ppm Cl
pH 6.5 to 7.5
Hardness [Ca/Mg] <10 ppm
Total Organic Carbon (TOC) <2 ppm
Iron <200 ppb
Manganese <10 ppb
Nickel <5 ppm
Fluoride <1 ppm
Copper <5ppb
Cl2 (free chlorine) <2 ppm
Attachment number 1
Page 4 of 12
Item # 31
Operational Logs
A weekly log of water hardness at outlet of water softener must be maintained by end-user. (See Maintenance
and Operation Log Book in Maintenance Kit.)
Operational Log must be maintained detailing maintenance activities and system usage. (See Maintenance and
Operation Log Book in Maintenance Kit.)
Attachment number 1
Page 5 of 12
Item # 31
SEVERN TRENT WATER PURIFICATION, INC.
TERMS AND CONDITIONS OF SALE WARRANTY RIDER
City of Augusta Highlands WTP
2841 Central Avenue
Augusta, GA. 30909
EXTENDED WARRANTY RIDER – ELECTRODES, CELL CASING & OTHER CELL COMPONENTS
This Rider supplements and modifies the duration of the warranty period as set forth in the Article 7 of Seller’s
Standard Terms and Conditions. The following warranty periods shall apply specifically and only to Products listed
below. Seller warrants the specific products listed below against defects in materials and workmanship for the time
period specified below. Seller shall, at its option, repair or replace any Products or components thereof that prove
upon examination to the satisfaction of Seller to be defective. Any alteration, disassembly, storage or use of the
Products not in accordance with Seller’s instructions shall void the warranty. Buyer assumes full responsibility in the
event Buyer uses the Products in combination with other goods or in any manner not stated in Buyer’s specifications
provided prior to sale. All costs associated with removing the Products from service and re-installing same following
examination, repair or replacement are to be borne by Buyer. Seller may, in its sole discretion, require that the
Products be shipped to Seller’s facility for examination, repair or replacement. All transportation costs to and from
Seller’s facility, if required, are to be prepaid by Buyer.
PRODUCT WARRANTY INFORMATION
PRODUCT DESCRIPTION
EXTENDED WARRANTY
PERIOD FROM DATE OF
COMMISSIONING
EFFECTIVE EXTENDED WARRANTY
PERIOD
Electrodes 4 – CT-750 electrolytic cells 2 Yrs. full replacement
3 Yrs. pro-rated
2 years from signed Service Order
3 - 5 years from signed Service Order
Cell Casing and other components 2 Yr. full replacement 2 years from signed Service Order
If so stated in Seller’s Documentation, the Products or designated components thereof are covered only by the warranty
extended by the original manufacturer and not by the terms of Seller’s warranty as specified above. In the event of a warranty
issue regarding such Products or components thereof, Buyer should contact the original manufacturer directly. Seller, at Buyer’s
request, will act as an agent between Buyer and the original manufacturer to resolve warranty issues. If Seller acts as an agent
for such purpose, Buyer must return the Products, or the appropriate components, to the designated manufacturer’s facility,
shipping charges prepaid. Buyer’s sole remedy is the original manufacturer’s warranty. SELLER MAKES NO WARRANTY,
EXPRESS OR IMPLIED, INCLUDING A WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO SUCH PRODUCTS OR COMPONENTS.
THE WARRANTIES SET FORTH HEREIN, IF ANY, ARE MADE EXPRESSLY IN LIEU OF OTHER WARRANTIES, EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE, EVEN IF THAT PURPOSE IS KNOWN TO SELLER, IS HEREBY EXPRESSLY
EXCLUDED.
SELLER’S LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY FAILURE BY SELLER TO SUPPLY PRODUCTS THAT
MEET THE FOREGOING WARRANTY IS EXPRESSLY LIMITED TO, AT SELLER’S OPTION, THE REPAIR OR
REPLACEMENT OF THE NON-CONFORMING PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, INCOME,
PROFIT, CAPITAL OR BUSINESS OPPORTUNITY EVEN IF SELLER HAS BEEN ADVISED OF SUCH POSSIBLE INCOME,
PROFIT, CAPITAL, OR BUSINESS OPPORTUNITY.
Attachment number 1
Page 6 of 12
Item # 31
SEVERN TRENT WATER PURIFICATION, INC.
TERMS AND CONDITIONS OF SALE WARRANTY RIDER
City of Augusta Messerly WTP
1810-B Doug Barnard Avenue
Augusta, GA. 30906
EXTENDED WARRANTY RIDER – ELECTRODES, CELL CASING & OTHER CELL COMPONENTS
This Rider supplements and modifies the duration of the warranty period as set forth in the Article 7 of Seller’s
Standard Terms and Conditions. The following warranty periods shall apply specifically and only to Products listed
below. Seller warrants the specific products listed below against defects in materials and workmanship for the time
period specified below. Seller shall, at its option, repair or replace any Products or components thereof that prove
upon examination to the satisfaction of Seller to be defective. Any alteration, disassembly, storage or use of the
Products not in accordance with Seller’s instructions shall void the warranty. Buyer assumes full responsibility in the
event Buyer uses the Products in combination with other goods or in any manner not stated in Buyer’s specifications
provided prior to sale. All costs associated with removing the Products from service and re-installing same following
examination, repair or replacement are to be borne by Buyer. Seller may, in its sole discretion, require that the
Products be shipped to Seller’s facility for examination, repair or replacement. All transportation costs to and from
Seller’s facility, if required, are to be prepaid by Buyer.
PRODUCT WARRANTY INFORMATION
PRODUCT DESCRIPTION
EXTENDED WARRANTY
PERIOD FROM DATE OF
COMMISSIONING
EFFECTIVE EXTENDED
WARRANTY PERIOD
Electrodes 4 – CT-600 electrolytic cells 2 Yrs. full replacement
3 Yrs. pro-rated
10/29/11 – 10/28/13
10/28/13 – 10/27/16
Cell Casing and other components 2 Yr. full replacement 10/29/11 – 10/28/13
If so stated in Seller’s Documentation, the Products or designated components thereof are covered only by the warranty
extended by the original manufacturer and not by the terms of Seller’s warranty as specified above. In the event of a warranty
issue regarding such Products or components thereof, Buyer should contact the original manufacturer directly. Seller, at Buyer’s
request, will act as an agent between Buyer and the original manufacturer to resolve warranty issues. If Seller acts as an agent
for such purpose, Buyer must return the Products, or the appropriate components, to the designated manufacturer’s facility,
shipping charges prepaid. Buyer’s sole remedy is the original manufacturer’s warranty. SELLER MAKES NO WARRANTY,
EXPRESS OR IMPLIED, INCLUDING A WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO SUCH PRODUCTS OR COMPONENTS.
THE WARRANTIES SET FORTH HEREIN, IF ANY, ARE MADE EXPRESSLY IN LIEU OF OTHER WARRANTIES, EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE, EVEN IF THAT PURPOSE IS KNOWN TO SELLER, IS HEREBY EXPRESSLY
EXCLUDED.
SELLER’S LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY FAILURE BY SELLER TO SUPPLY PRODUCTS THAT
MEET THE FOREGOING WARRANTY IS EXPRESSLY LIMITED TO, AT SELLER’S OPTION, THE REPAIR OR
REPLACEMENT OF THE NON-CONFORMING PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, INCOME,
PROFIT, CAPITAL OR BUSINESS OPPORTUNITY EVEN IF SELLER HAS BEEN ADVISED OF SUCH POSSIBLE INCOME,
PROFIT, CAPITAL, OR BUSINESS OPPORTUNITY.
Attachment number 1
Page 7 of 12
Item # 31
Standard Terms and Conditions of Sale
1. APPLICABLE TERMS
1.1 The sale of goods and related services (if any) hereunder (collectively, the “Product(s)”) is limited to and made expressly
conditional on Buyer’s acceptance of these terms and conditions of sale.
1.2 These terms and conditions shall control over any inconsistent or additional terms or conditions proposed or issued by Buyer or
Seller, including any additional or different terms contained in any purchase order, acknowledgement, proposal or other
communication, written or otherwise unless specifically agreed to in writing by both parties.
1.3 Buyer’s acceptance of delivery or the full or partial payment of the purchase price hereunder, shall constitute Buyer’s
acceptance of all the terms and conditions stated herein, notwithstanding any other inconsistent terms and conditions, prior
dealings or usage of trade.
1.4 No modification of these terms and conditions (including any special terms and conditions, changes in scope, specifications,
price or delivery schedule) shall be of any force or effect unless agreed in writing and signed by both parties.
2. PRICES AND PAYMENT TERMS
2.1 All prices and payments shall be in U.S. currency. Unless specifically noted otherwise in Seller’s Documentation, prices are
exclusive of any and all sales, use, excise, ad valorem, property or other taxes due or applicable to this transaction. Buyer shall
pay directly or reimburse Seller immediately upon demand for any and all such taxes.
2.2 Buyer shall pay the full purchase price as set forth on the face of this document or that certain document to which these terms
are attached (“Seller’s Documentation”), without any deduction by way of set-off, counterclaim, discount or otherwise.
2.3 Unless otherwise stated on the face hereof, payment terms are Net Thirty (30) Days from date of invoice. Payment of retention,
if any, shall be made no later than 30 days from Product Acceptance pursuant to the terms hereof or 180 days from date of
shipment, whichever occurs first.
2.4 Any payments delayed beyond thirty (30) days from the specified due date shall be subject to interest on the unpaid balance at
the rate of one and one-half (1-1/2%) percent per month or the maximum rate permitted by applicable law, whichever is less.
Seller reserves the right, among other remedies, to suspend further deliveries in the event Buyer fails to pay for any one
shipment when payment becomes due. All orders are subject to credit approval. Should Buyer’s financial condition become
unsatisfactory to Seller, Seller shall have the right, at its option, to payment in advance, to cash payment upon delivery or to
satisfactory security.
2.5 Buyer hereby irrevocably grants Seller a security interest in the Products until such time as Buyer makes full payment of the
purchase price. Buyer agrees, if requested, to execute a financing statement as may be necessary to perfect and maintain
such security interest including the execution and delivery to Seller of a UCC-1 financing statement.
3. DELIVERY AND RISK OF LOSS
3.1 Delivery dates set forth in Seller’s Documentation are approximate and Seller will make all reasonable efforts to meet same.
Timely delivery is subject to prompt receipt from Buyer of accurate and complete technical and shipping information. Seller
reserves the right to make partial shipments, invoices for which shall be due and payable in accordance with the payment terms
specified in the paragraph 2.3 above.
3.2 Unless otherwise modified by Seller’s Documentation, shipping terms are F.O.B. Seller’s facility. All Products shall be shipped
to the location specified by Buyer. Buyer must provide Seller with specific written instructions as to Buyer’s preferred method of
shipment or common carrier. In the absence of such instructions from Buyer, method of shipment shall be at Seller’s discretion.
3.3 All shipping, handling and insurance costs are to be paid by Buyer. Buyer is liable for compliance with all laws and regulations
governing the unloading, storage, handling and use of all Products.
3.4 Whether or not installation services are performed by Seller, title and risk of loss shall pass to Buyer at the time that the
Products are placed with a common carrier for shipment to the location designated by Buyer. Buyer shall bear all risk of loss in
transit. Any claims for damages, loss or delay in transit should be made immediately by Buyer directly to the carrier.
3.5 In the event Buyer requests a postponement of delivery beyond the date specified in Seller’s Documentation, Seller may
invoice the Buyer and title and risk of loss shall pass to Buyer at such time as Products are made available for shipment, but in
no event earlier than the delivery date specified in Seller’s Documentation. If delivery is postponed by Buyer, Seller shall
endeavor but shall not have the obligation to either store the Products or secure a storage location at Buyer’s expense and
based upon terms and conditions agreeable to the parties.
Attachment number 1
Page 8 of 12
Item # 31
3.6 Prior to installation, Products must be stored by Buyer in accordance with the storage instructions that may be a part of Seller’s
instructions for Products installation, maintenance and care. In the absence of specific instructions, Products must be stored
prior to their installation in an enclosed space affording protection form weather, dust and physical damage and providing
appropriate temperature, humidity and ventilation conditions to prevent deterioration.
3.7 Buyer’s failure to follow Seller’s storage instructions may cause damage to the Products and will void the warranties provided
hereunder. Seller shall have the right to inspect Products stored by Buyer prior to installation. If Products are stored by Buyer
for a period of 90 days or more, Buyer shall reimburse Seller for all reasonable costs of inspection.
4. PRODUCT ACCEPTANCE
4.1 Except for Products that are not assembled at Seller’s facility, Buyer has the right to inspect Products at Seller’s facility prior to
shipment provided that advance written arrangements are made by Buyer and are confirmed in writing by Seller. Any and all
costs associated with inspection and testing requested by Buyer at Seller’s facility will be paid by Buyer.
4.2 Buyer shall inspect the Products within a reasonable period of time following receipt at the point of destination and prior to
conducting any Acceptance Test to determine if the Products are damaged, incomplete or do not otherwise conform to Buyer’s
request.
4.3 If Buyer receives Products with visible or suspected damage or loss, including damages to the packaging, or with discrepancies
in specification, Buyer shall make relevant notes in receiving documents and notify Seller immediately. Such notice shall be
reasonably detailed and shall specify the damage or discrepancy.
4.4 Buyer’s failure to inspect the Products and give written notice to Seller of any alleged defects or non-conformity within a
reasonable time after receipt at the point of destination shall waive Buyer’s right to reject the Products and return them to Seller
for credit and Buyer’s sole remedy for noncomforming or defective Products shall be warranty claims made in accordance with
Article 7 herein.
4.5 For purposes of this Article 4, “reasonable period of time” means a period of time that is not immoderate or excessive, in
accordance with industry standards.
4.6 If Seller’s Documentation provides that the Products are subject to specific acceptance testing (the “Acceptance Test”) in order
to verify Product performance in accordance with agreed specifications, the Products shall be deemed fully accepted when they
have satisfied the requirements of the Acceptance Test. Buyer’s remedy for Products that have failed an Acceptance Test or
are in the warranty period shall be limited, at Seller’s sole discretion, to the repair or replacement of such Products.
4.7 Notwithstanding any right conferred upon the Buyer to inspect or test the Products prior to acceptance, any use or alteration of
the Products by Buyer, its agents, employees or licensees, for any purpose after delivery thereof, shall constitute Buyer’s
irrevocable acceptance of the Products. Accordingly, in the event of any discovery by Buyer of a non-conformity or defect
following such acceptance of the Products, Buyer’s sole recourse is a warranty claim pursuant to the warranty provisions stated
in Article 7 herein.
5. INSTALLATION AND/OR START UP SERVICES
5.1 If Seller’s scope of supply includes installation supervision and/or start up services, Buyer will confirm to Seller at least two (2)
weeks prior to the date Seller’s personnel will be required on site to perform such services that Buyer has fully completed all
work necessary for such installation and/or start up services in accordance with Seller’s instructions. In the event that the
completion of such services is delayed by Buyer for any reason not the fault of Seller following Seller’s arrival on site, Buyer
shall pay for any additional costs resulting from the delay.
5.2 To the extent that Seller’s scope of supply includes supervising the installation of the Products, Seller shall not be responsible
for the means and methods selected for such installation, nor for the manner in which such installation services are performed,
including the efficiency, adequacy and safety of same. Seller makes no warranty, express or implied, with respect to such
installation and/or start up services, except that the Seller shall be responsible for any claims or damages resulting from its own
negligence.
6. CANCELLATION
6.1 Unless otherwise provided in Seller’s Documentation, if Buyer cancels or partially cancels an order, Buyer shall promptly pay
Seller for all work performed on account of the Products prior to cancellation plus any other reasonable costs incurred by Seller
as a result of such cancellation including, if applicable, an appropriate restocking fee.
7. WARRANTY
7.1 Subject to the conditions stated below, Seller warrants the Products against defects in materials and workmanship for a period
of eighteen (18) months from the date in which title has passed to Buyer or twelve (12) months from the date of installation of
the Products, whichever occurs first.
Attachment number 1
Page 9 of 12
Item # 31
7.2 Seller shall, at its option, repair or replace any Products or components thereof that prove upon examination to the satisfaction
of Seller to be defective. In addition, any part or component that has been repaired or replaced shall be warranted for a period
equal to the longer of (i) the remaining warranty period hereunder; or (ii) one year from the date of such repair or replacement.
7.3 In the event that Seller fails to initiate a corrective action plan to repair or replace the defective components within ten (10) days
following Buyer’s notification, Buyer may, at their option, take action to repair or replace such defective product and Seller shall
bear the direct and commercially reasonable cost for parts and labor thereof. In such circumstances, Seller has no warranty
obligation with regard to the repair or replacement performed by Buyer. Further, if Buyer improperly repairs or replaces the
defective Products and/or uses incompatible components, Seller is not responsible for any costs, damages or malfunctions
resulting there from.
7.4 Any alteration, disassembly, storage or use of the Products not in accordance with Seller’s instructions shall void the warranty.
Buyer assumes full responsibility in the event Buyer uses the Products in combination with other goods or in any manner not
stated in Buyer’s specifications provided prior to sale.
7.5 All costs associated with removing the Products from service and re-installing same following examination, repair or
replacement are to be borne by Buyer. Seller may, in its sole discretion, require that the Products be shipped to Seller’s facility
for examination, repair or replacement. All transportation costs to and from Seller’s facility, if required, are to be prepaid by
Buyer.
7.6 THE WARRANTIES SET FORTH HEREIN, IF ANY, ARE MADE EXPRESSLY IN LIEU OF OTHER WARRANTIES, EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE, EVEN IF THAT PURPOSE IS KNOWN TO SELLER, IS HEREBY EXPRESSLY
EXCLUDED; PROVIDED, HOWEVER, THAT THE PRODUCTS ARE WARRANTED TO CONFORM IN ALL MATERIAL
RESPECTS TO THE RELEVANT AND KNOWN SPECIFICATIONS, AND PERFORMANCE STANDARDS, INCLUDING ANY
MUTUALLY AGREED MODIFICATIONS THERETO.
7.7 SELLER’S LAIBILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY FAILURE BY SELLER TO SUPPLY PRODUCTS
THAT MEET THE FOREGOING WARRANTY IS EXPRESSLY LIMITED TO, AT SELLER’S OPTION, THE REPAIR OR
REPLACEMENT OF THE NON-CONFORMING PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE,
INCOME, PROFIT, CAPITAL OR BUSINESS OPPORTUNITY EVEN IF SELLER HAS BEEN ADVISED OF SUCH POSSIBLE
INCOME, PROFIT, CAPITAL OR BUSINESS OPPORTUNITY.
8. INDEMNIFICATION
8.1 Buyer and Seller shall each defend, indemnify and hold the other harmless from and on account of all bodily injury and property
damage claims asserted by third parties as a result of the other’s negligent acts or omissions. To the extent that both Buyer
and Seller are determined by a finder of fact to be negligent and the negligence of both is a proximate cause of a claim by a
third party against either Buyer or Seller, then in such event, Buyer and Seller shall each be responsible for a portion of the
liability, including costs and expenses, attributable to its comparative share of the total negligence.
8.2 Seller agrees to indemnify and hold harmless Buyer against any third party claim alleging that the Products infringe upon a valid
and enforceable United States patent, provided Buyer gives Seller written notice immediately when such claim is asserted,
directly or indirectly.
8.3 Notwithstanding the foregoing, Seller shall have no liability to Buyer if any patent infringement or claim thereof is based upon or
arises out of (a) compliance with designs, plans or specifications furnished by or on behalf of Buyer; (b) use of the Products in a
manner for which the Products were neither designed nor contemplated; or (c) the claimed infringement of any patent in which
the Buyer or any affiliate or subsidiary of Buyer has any direct or indirect interest by license or otherwise.
9. INSURANCE
9.1 Seller agrees to maintain the following levels of insurance coverage:
Commercial General Liability insurance with limits of $1,000,000 per occurrence and $2,000,000 aggregate. The
Commercial General Liability insurance shall include coverage for bodily injury, property damage,
products/completed operations and contractual liability;
Automobile Liability insurance with a combined single limit of $1,000,000; and
Workers’ Compensation insurance in compliance statutory limits and Employer’s Liability insurance with a limit of
$1,000,000
9.2 Buyer agrees to maintain Commercial General Liability insurance with limits of $1,000,000 per occurrence and $2,000,000
aggregate, including contractual liability.
Attachment number 1
Page 10 of 12
Item # 31
10. LIMITATION OF LIABILITY
10.1 Seller’s total liability to Buyer with respect to any cause of action or claim hereunder shall not exceed the purchase price
payable hereunder.
10.2 In no event shall Seller be liable, either directly or as indemnitor of Buyer, for any special, punitive, indirect or consequential
damages, including but not limited to damages for loss of use, loss of income or loss of profit.
10.3 Notwithstanding the above, this limitation of liability shall not apply to: a) claims brought directly against the Seller by unrelated
third parties; and b) claims arising from Seller’s gross negligence or willful misconduct.
10.4 All of Buyer’s claims or actions of any description whatsoever against the Seller shall be brought not later than one (1) year
after the occurrence of the event upon which each such claim or action is based.
11. FORCE MAJEURE
11.1 Seller shall not be liable for any delay in performance or failure to perform any obligation hereunder if, and to the extent that,
Seller such failure or delay is caused by an event of Force Majeure.
11.2 Force Majeure shall mean any act, event or condition that is beyond Seller’s reasonable control, that materially and adversely
affects Seller’s ability to perform its obligations hereunder, and that is not the result of Seller’s willful neglect, error, omission or
failure to exercise reasonable due diligence.
11.3 If Seller is unable to perform any of its obligations hereunder as a result of a Force Majeure event, Seller shall be required to
resume performance upon termination of the event and shall have reasonable additional time for performance.
11.4 In addition, to the extent that a Force Majeure event increases Seller’s cost of performance hereunder, Buyer shall bear all
such additional costs of performance, excluding any costs that are covered by Seller’s insurance.
12. DEFAULT AND TERMINATION
12.1 The substantial failure of either party to comply with the terms of this contract shall constitute default hereunder. Upon default
by one party, the other nondefaulting party shall provide written notice clearly specifying the nature of the default. The
defaulting party shall have thirty (30) days to cure the default.
12.2 The defaulting party shall have thirty (30) days to cure the default. If the default is capable of being cured within thirty (30)
days and is not cured within thirty (30) days, this contract may be terminated.
12.3 In the case of default that cannot be cured within thirty (30) days, this contract shall not be terminated so long as the defaulting
party has given written notice of extension to the other party and the defaulting party has commenced and is diligently
pursuing a cure.
12.4 In the event of any termination, Seller shall be paid for Products delivered and services rendered (including Products
specifically manufactured/assembled or special ordered for the Buyer that have yet to be supplied) through the date of
termination.
12.5 For purposes of this contract, the failure of Buyer to pay Seller in accordance with the payment terms hereunder shall be
considered a substantial default for which no cure period beyond 30 days shall be allowed.
12.6 In the event the Buyer’s default, Seller may, in addition to the right to terminate set forth in this paragraph, elect to suspend
work until the default has been cured.
12.7 No delay or omission on the part of the Seller in exercising any right or remedy hereunder shall constitute a waiver of any such
right or remedy on any future occasion.
13. INTELLECTUAL PROPERTY
13.1 All devices, equipment, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and
other documents or information prepared or disclosed by Seller in connection with the Products sold hereunder shall remain
Seller’s exclusive property. Buyer shall not disclose any such material to third parties without Seller’s prior written consent.
13.2 Buyer will not undertake any analyses or “reverse engineering” of the products for the purpose of designing, developing or
manufacturing by the Buyer or by any third party of products that compete with the Product(s).
Attachment number 1
Page 11 of 12
Item # 31
13.3 Seller will retain sole ownership of all discoveries, improvements, inventions, patents, trademarks, copyrights, know-how,
trade secrets, or other intellectual property rights associated in any way with the Products. The parties specifically agree that
all improvements, inventions, discoveries and copyright in works of authorship, including those in formative stages, made by
either party hereto (either alone or jointly with others) improving upon or related to the Products shall from the time of
conception or, in the case of works of authorship, from the time of creation, be the property of Seller.
14. RELIANCE ON INFORMATION
14.1 Buyer acknowledges that Seller has used and relied upon information provided by the Buyer, if any, regarding site conditions,
specifications and other technical requirements in the design, installation and start-up of its Product(s). Seller shall not be
obligated to establish or verify the accuracy of the information furnished by the Buyer nor shall Seller be responsible for the
impact or effect on its Products(s) and any services provided by Seller hereunder of the information furnished by the Buyer in
the event that such information is in error.
15. MISCELLANEOUS PROVISIONS
15.1 These terms and conditions constitute the entire contract of sale and purchase between Buyer and Seller and supersede all
prior or contemporaneous communications, representations, understandings or agreements, whether written or oral, unless
such document states that it intends to modify this contract and is signed by both parties.
15.2 No modification of this contract (including changes in scope, specifications, price or delivery schedule) shall be of any force or
effect unless made pursuant to a writing signed by both parties. No course of dealing or performance or usage of trade may
be used to modify this contract.
15.3 The failure on the part of either party to enforce its rights as to any provisions herein shall not be construed as a waiver of its
rights to enforce such provisions in the future.
15.4 Should any provision of this contract for any reason be declared invalid or void, such declaration will not affect the remaining
provisions of this contract, which shall remain in full force and effect.
15.5 Buyer may not assign or permit any other transfer of this contract without Seller’s prior written consent.
15.6 Buyer shall strictly comply with and refrain from exporting or re-exporting the Products in violation of, United States’ laws
regarding trade restrictions and embargoes, as such laws may be amended from time to time.
15.7 This contract is entered into solely between, and may be enforced only by, the Buyer and Seller; and this contract shall not be
deemed to create any rights in third parties, including customers of the Buyer, or to create any obligations to any such third
parties.
15.8 These terms and conditions shall be governed by and construed in accordance with the laws of the Commonwealth of
Pennsylvania.
Attachment number 1
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Item # 31
CommissionMeetingAgenda
8/16/20115:00PM
WatershedAssessmentandSourceWaterProtectionPl anUpdatesContractwithDewberry&Davis,
Inc.(RFQ#11-059)
Department:Utilities
Caption:Motionto authorizetheawardandexecutionofacontractwith
Dewberry&Davis,Inc.fortheupdatetoAUD’sWate rshed
AssessmentandSourceWaterProtectionPlan(RFQ#1 1-059)in
theamountof$214,470.(ApprovedbyEngineeringServices
CommitteeAugust8,2011)
Background:TheAugustaCommission,initsMay17,2011meeting ,
authorizedtheUtilitiesDepartmenttoproceedwith negotiations
withDewberry&Davis,Inc.toprovideservicesfor theupdateof
AUD’sWatershedAssessmentandSourceWaterProtect ionPlan.
Afterseveralscopingandnegotiationsessions,the processis
completed.Basedonthescopingandnegotiations,w ewould
recommendtheauthorizationofawardandexecution ofacontract
tohavetheworkperformed.
Analysis:Thecompensationbeingrecommendedrepresentsarea sonablefee
fortheservicestobeprovided.
FinancialImpact:$214,470.00frombudgetaccount507043490-5212999/
81100010-5212999
Alternatives:Noalternativesarerecommended.
Recommendation:WerecommendtheCommissionauthorizetheawardand
executionofacontractwithDewberry&Davis,Inc.forthe
updatetoAUD’sWatershedAssessmentandSourceWat er
ProtectionPlan(RFQ#11-059)intheamountof$214 ,470.
FundsareAvailable
intheFollowing
Accounts:
507043490-5212999/81100010-5212999
Cover Memo
Item # 32
REVIEWEDANDAPPROVEDBY :
Finance.
Procurement.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 32
Augusta Utilities Department
1
SCOPE OF WORK:
Watershed / Sourcewater Protection Plans
Introduction
The Watershed / Sourcewater Protection Plannning work will consist of two phases. Phase 1 is covered
in this Scope of Work (SOW). Phase 2 will be scoped and budgeted at a later date. The table below
summarizes the phases. The primary focus of this document is Phase 1. Any work identified as Phase 2
effort can not be initiated without prior written authorization of Augusta Utilities Department (AUD).
Primary Task Phase 1 Phase 2
Task 1: Project Management PM to support Phase 1 PM to support Phase 2
Task 2: Assess Status of
Protection Plan Implementation
Strategies
Complete Task N/A
Task 3: Evaluate / Update
Existing Program
Watershed: Meet with EPD and
ensure concurrance on direction
regarding update
Sourcewater: Complete Task
Watershed: Finalize updated
Plan
Source Water: N/A
Task 4: Community Outreach Complete Task N/A
Task 5: Fat Oil and Grease Enhance Written Program
Develop Education / Inspection
Plan
Identify FOG Disposal Strategies
Implement Education and
Inspection Plan
Attachment number 1
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Item # 32
Augusta Utilities Department
2
SCOPE OF WORK (SOW): Phase 1
Task 1: Project Management
Under the Project Management Task, the project manager, Teresa Crisp, will be responsible for the
schedule, budget, coordination, and communication. Teresa will be supported by Dewberry staff
primarily in Atlanta and Raleigh.
Project Work Plan
Within 14 days of notice to proceed (NTP), Dewberry will meet with AUD and present a project work
plan defining the roles and responsibilities of the project team, communication protocols, the schedule,
project budget, QA/QC Plan and AUD’s expectations of the project. Dewberry will revise the project
work plan based on comments received by Augusta.
Project Communication
Dewberry will attend monthly client meetings (up to 12 meetings) for project coordination and updates.
We will prepare the meeting agenda and distribute meeting minutes. In addition, we will prepare and
submit a monthly status report to update the study schedule, list milestones achieved, support and
document schedule changes, update project costs, and justify changes to the schedule or proposed
study costs.
Deliverables
Dewberry will deliver any hard copy and electronic files of the deliverables outlined throughout the
SOW.
x Project work plan;
x Monthly progress reports;
x Monthly invoices; and
x All close-out files.
Task 2: Assess Status of Protection Plan Implementation Strategies
As the wastewater discharge permit holder, AUD is responsible for coordinating with the various
Augusta government departments in order to define roles and responsibilities related to the
implementation of the watershed protection program. Dewberry will coordinate with the various
departments and document the overall countywide fecal reduction program including those projects
whose primary goals were not aimed at water quality. Dewberry will obtain the list of improvements
from the watershed protection plan and interview AUD, Public Works and Planning & Zoning to
determine the status of projects being implemented throughout the County. We will present a
summary report to AUD outlining the projects completed in the past five years and those funded that
may contribute to protecting the water quality in Augusta streams, particularly as it relates to fecal
coliform levels. This report will assist in updating the protection plans by potentially identifying areas to
redirect efforts and by documenting progress to EPD.
Attachment number 1
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Augusta Utilities Department
3
Deliverables
x Memorandum summarizing the status of the implementation strategies identified in the
Augusta Watershed Plan.
x Matrix outlining the status and path forward.
Task 3: Evaluate / Update Existing Program
Watershed Protection
For Phase 1, Dewberry will perform the following tasks:
x Update the monitoring database with recently collected water quality data. It is assumed AUD
will provide existing database.
x Coordinate with AUD and EPD to go over the implementation strategies completed and discuss
the plans to move forward. After preparing the Implementation Status Memo in Task 2,
Dewberry will arrange for a meeting with AUD and EPD to discuss the progress and how AUD
plans to move forward. Dewberry will schedule the meeting, prepare the handouts, attend and
prepare a Meeting Summary.
Source Water Protection
One of the action items of the source water protection plan is to develop written inter-jurisdictional
agreements to outline items such as the procedures (including notification procedures) should a spill
occur upstream of AUD’s intake. To date, the policies have been undocumented. Dewberry will prepare
a draft inter-jurisdictional agreement template for approval by AUD and the Augusta attorney.
Dewberry will then schedule up to five meetings with neighboring jurisdictions (Aiken County, Columbia
County, Edgefield County and North Augusta) and AUD to discuss the proposed inter-jurisdictional
agreements associated with spills and communicating regarding upstream potential pollutants.
Dewberry will work with AUD to incorporate accepted revisions suggested by the neighboring
jurisdictions.
In addition to the inter-jurisdictional agreements, Dewberry will assess any changes in the potential
pollutant sources and map those changes. Due to little change in the upstream potential pollutant
sources, we anticipate minor edits to the Source Water Protection Plan to satisfy the requirements of
EPD.
Deliverables
x Draft Inter-jurisdictional agreements;
x Assistance in coordinating with EPD;
x Materials for AUD, Dewberry and EPD meeting (maps, summary of status, meeting agenda, etc)
x Updated monitoring database;
x Written summary of any EPD meetings; and
x Updated Source Water Protection Plan
Task 4: Redevelop Communication Outreach and Educational Programs
This task includes conducting public outreach activities in support of the watershed protection plan as
well as AUD’s overall goals. The following table outlines the recommended mechanisms for reaching the
Attachment number 1
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Augusta Utilities Department
4
various stakeholder groups. Once the SOW is finalized, Dewberry will submit a communication plan
detailing the activities and will work closely with an AUD liaison to train and work hand in hand with on
this program. Dewberry and AUD will evaluate the activities periodically. Performance metrics will
include the level of involvement from AUD staff and whether or not the tasks are ready to be fully
transitioned to AUD staff within one year. Dewberry will also conduct surveys quarterly throughout the
year with teachers and the Roundtable members to gauge the effectiveness of the program. The results
of the surveys will provide a feedback mechanism for continuous improvement of the outreach effort to
meet the needs and objectives of the AUD, the Commissioners and the public.
Target Audience Proposed Activity Benefit
Stakeholder
Organizations
Watershed Roundtable meetings Continued collaboration among stakeholders
Customers
Quarterly Newsletter as Bill Insert
(similar to previous H2O in the Know
newsletter)
Communication of key projects to customers
Education materials for customers on items such
as water conservation/cost savings ideas
Ensure current information and same message
is presented on website
Articles for 3rd party newsletters
Rivers Alive stream clean-up
Provide project articles to utilize on
website
Schools River Rangers Program
Free online water posters
“It is just like wearing your seatbelts or
recycling; we all do it, because our children
came home from school and told us to. AUD has
taken that lesson and applied it to protecting
our environment.” AUD Assistant Director
Enviroscape
Free online posters
Water Career Day
Augusta Water Photo contest
Stakeholder Organizations
Dewberry will organize a committee that will serve as the Augusta Watershed Roundtable and will
consist of up to 11 people including a representative from organizations such as: Augusta Clean and
Beautiful, Adopt a Stream, Sierra Club, Riverkeepers, Southeastern Natural Science Academy, Augusta
Utilities Department, Greater Augusta Homebuilder Association, Augusta Planning Commission, Augusta
Public Works, Columbia County, Central Savannah River Area Regional Development Commission (CSRA
RDC), Augusta Chamber of Commerce and the Neighborhood Alliance. We will organize and facilitate
quarterly meetings with the Augusta Watershed Roundtable.
The purpose of the first meeting will be to introduce the members and provide a brief update of the
various activities each group is conducting within Augusta. Dewberry will interview each Roundtable
member to develop a list of potential coordination efforts among the groups. This list will be provided
at the second meeting and will be the topic of discussion for the second meeting.
Additional agenda topics will be decided based on input from the Roundtable. In support of this, we will
perform the following task:
Send invitations to members 14 days before each meeting;
Select and reserve an Augusta venue;
Attachment number 1
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Augusta Utilities Department
5
Arrange for refreshments at each meeting;
Select a focus topic for discussion. (Dewberry will arrange for a speaker or will facilitate a
group discussion);
Prepare and distribute copies of presentation to committee members at each meeting;
Prepare and distribute meeting summaries within 10 days following the meetings; and
Include AUD assigned staff in planning process so that they can manage the Roundtable after
1 year.
Customers
Utility Bill Newsletters
Dewberry will develop a quarterly newsletter to be inserted into the water/sewer billing. This newsletter
will serve as an avenue to communicate with the customers on key projects or activities being conducted
by AUD. It will be similar in size and layout to the four-page AUD H2O in the Know newsletter
previously inserted into the utility bills. The articles will be developed based on interviews with AUD
staff members and will be written primarily by Dewberry. Our goal will be to maintain and improve the
confidence customers have in AUD. We will work closely with customer service regarding the
requirements of the newsletter and the deadline for submission. The newsletter will be delivered
electronically to AUD for insertion into the utility bill and distribution by AUD.
Dewberry will deliver the printed copies of the newsletter to AUD’s third party billing company for
inclusion in the water bill quarterly. Dewberry will also provide articles from the bill insert newsletter in
an electronic format (such as a pdf or jpeg) for inclusion on the website.
Additional Articles
In addition, Dewberry will prepare and provide up to six articles for inclusion in newsletters produced by
the following agencies: Neighborhood Alliance, Homebuilders Association, Sierra Club, Augusta
Chronicle Sunday Home Section, and/or Riverkeepers. The purpose will be to convey messages about
ongoing programs intended to protect the Augusta watershed.
Schools
Dewberry will partner with AUD to provide water education to Augusta’s future by streamlining the
process for classrooms, including providing teachers with website links, copies of materials needed and
volunteers for their classrooms. Dewberry will also coordinate with the Board of Education to illustrate
how the programs we identify will meet curriculum requirements. The intentions are that AUD will
provide a staff member to participate on this task with Dewberry. After the 2011-2012 school year, we
will assume AUD staff will take over this program. The program will be similar to that previously
conducted by AUD and will include a targeted curriculum for the specific audiences:
Elementary Schools
x We will target 4th graders by presenting the award-winning “River Rangers” program, which
focuses on identifying ways to both conserve water and decrease water pollution. Augusta has
already purchased this program from CleanWater Services, a Utility in Oregon. We recommend
AUD continue this program. Based on published research about the effectiveness of this
program and the students’ retention of the information learned, we believe this program is an
effective tool for showing students how to reduce pollution and conserve water. Each River
Rangers activity bundle will consist of 250 children activity packets plus a teacher’s guide. The
individual packets contain a booklet, badge and eight stickers. Augusta already owns the posters
and a video explaining the program.
Attachment number 1
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Augusta Utilities Department
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http://www.cleanwaterservices.org/Residents/ToolsAndTips/RiverRangers.aspx
x Dewberry will visit up to 15 elementary schools in the school district (approximately half of the
total number of elementary schools). We will organize the presentations and train AUD staff to
participate in the presentations. It is Dewberry’s intent to transfer the program to AUD staff by
the second year of the program. This will be done by partnering with AUD assigned staff
throughout the 2010-2011 school year.
Middle Schools
x Augusta purchased an Enviroscape model in September 2001 and has demonstrated it to over
800 people. Dewberry will partner with Augusta to demonstrate the Enviroscape Model to
middle schools. We will coordinate with the Augusta Richmond County Board of Education in
obtaining contact names at the schools and will again provide written explanation as to how the
Enviroscape lesson can fit into their curriculum. We have budgeted to present the Enviroscape
Model up to 12 locations. We will organize the presentations and will train AUD staff to
participate in the program. It is Dewberry’s intent to transfer the program to AUD staff by the
second year of the program.
x Augusta has made the Enviroscape available for teachers to borrow. The model has been
borrowed by Phinizy Swamp, RDC, and EPD. We will create a postcard and mail it to up to 25
organizations/schools to indicate the benefit of the Enviroscape Model and how these
organizations can borrow it from AUD.
x Dewberry will download puzzles and order free posters and brochures to distribute to the
schools that we visit. We will reach out to the US Geological Survey, GA EPD (P2AD) and
Environmental Protection Agency for identification of free materials. For example, free posters
are available as part of the water resources education program developed through the USGS
Water Resources Education initiative targeted at middle schools. A copy of any document
distributed will be provided to AUD.
x We will identify a middle school or Boy Scout group to conduct a stream clean up during the
Rivers Alive event. We will work with the state to deliver the free Rivers Alive t-shirts to the
participants.
High Schools
x Dewberry will coordinate with the Davidson Fine Arts School and up to three other high school
classes regarding a Clean Water and Streams in Augusta photo contest. The selection will be
made prior to Clean Water Week, and we will solicit local vendors in order to award the study a
gift certificate to a photography store or class. We will request the Mayor present the student
with a plaque and gift certificate at an Augusta Richmond County Commission meeting. We
will also frame the photo and provide copies to the Mayor, the student, their school and AUD.
x Dewberry will also coordinate a Water Career Day with all eight high schools in Augusta. We
will work with AUD to solicit volunteers to discuss their water career path with classrooms.
This program was a huge success for AUD in the past, and it will be a priority for Dewberry to
again seek a variety of professionals and to have AUD employees heavily involved. Dewberry
will arrange the events, coordinate the volunteers, and initiate the presentation at each school.
Dewberry will also seek media coverage of the event.
Evaluation of Public Outreach Program
Dewberry and AUD will evaluate the community outreach activities at the end of the 12-month period.
Performance metrics will include the level of involvement from AUD staff and whether or not the tasks
are ready to be transitioned to AUD staff fully. Dewberry will also conduct surveys quarterly with
teachers and the Roundtable members to gauge the effectiveness of the program. The results of the
Attachment number 1
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Augusta Utilities Department
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surveys will provide a feedback mechanism for continuous improvement of the outreach effort to meet
the needs and objectives of the AUD, the Commissioners and the public.
Deliverables
x Outreach transition plan;
x Approved list of Augusta Watershed Roundtable including contact information;
x Invitations / Agenda for each Roundtable meeting;
x Refreshments for each Roundtable meeting;
x Copies of each presentation of Roundtable meeting;
x Roundtable meeting summaries;
x Bill Insert provided to 3rd party billing company;
x Electronic copies of bill insert newsletter;
x Schedule for school presentations (coordination with AUD staff);
x Free puzzles, posters, brochures from internet;
x Photo Contest submittals from high school students; and
x Summary Memo evaluating programs.
Task 5: Enhance Fat Oil and Grease (FOG) Program
The primary goal of FOG program is to improve water quality by reducing the sanitary sewer overflows
caused by fat oil and grease in the collection system. Below are the identified tasks for Phase 1.
Enhance Written Program
The objective of this program is to decrease the number of blockages in the sanitary sewer system due
to oil and grease build-up reducing the number of SSOs thus improving water quality. AUD has a draft
plan and draft ordinance developed. Dewberry proposes to partner with AUD to enhance the program
and assist with the implementation plan by reviewing the draft written ordinance / plan and assisting in
dividing the plan into two clear and defensible key documents:
x A simple local ordinance to specifically address the prevention of FOG releases to the sanitary
sewer system. The purpose of the document will be to establish the clear legal authority to
support the FOG program.
x A detailed written FOG management plan which will include details of how the program will be
implemented and managed. The document will include guidelines for businesses, specifications,
inspection and reporting requirements / templates and best management practices.
To ensure a comprehensive and effective program, Dewberry will bring lessons learned and best
practices from the review of no less than five successful FOG programs throughout the nation.
Education and Inspection Plan
Dewberry to develop a step by step plan for the FOG program as it related to education and an efficient
means of inspection procedures. The plan’s intent is to provide:
x An efficient and effective method of providing education materials to customers;
x A targeted education effort;
x Training of staff related to inspection and dissemination of materials to customers;
x More efficient and effective procedures for collecting and utilizing inspection data;
x A method to improve routing and track frequency of inspections; and
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Augusta Utilities Department
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x An effective way to correlate FOG inspection findings with locations of known sanitary sewer
problem areas.
The following key items will be in the plan.
x Education: Dewberry will identify education materials targeting 1) commercial and 2)
residential customers. The plan will include sample materials as well as recommendation on
the methods of distributing those materials. The plan will identify means of training staff to
address customer questions and ensure the customers understand the requirements.
x Inspection: Dewberry will provide recommendations to the existing inspection forms. In
addition, we will outline the requirements related to the hardware / software needs in order to
1) implement a mobile field application for the inspections and 2) optimize inspection routing.
The plan will identify how the inspection forms would be entered directly into the handheld
devices in the field, how that data would be compatible with other AUD systems (GIS, GBA and
known sanitary sewer overflows.) Correlating the inspection data with known problem areas
will assist in better identifying where FOG is an issue allowing AUD to focus on those areas.
Deliverables
x Suggested revisions to local ordinance;
x Suggested revisions to FOG Management Plan;
x Suggested revisions to Inspection Form; and
x Education and Inspection Plan.
Attachment number 1
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Item # 32
Augusta Utilities Department
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BUDGET: Phase 1
Watershed / Sourcewater Protection Plans
Budget
TASK LABOR
1-Project Management $17,190
2-Assess Status of Strategies $10,080
3-Evaluate / Update Plans $32,610
4-Public Outreach $67,080
5-FOG Program $31,560
Subtotal $158,510
ODCs $10,960
Printing of Water in the Know newsletter $45,000
Total $214,470
Attachment number 1
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Item # 32
Augusta Utilities Department
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SCHEDULE: Phase 1
Watershed / Sourcewater Protection Plans
Dewberry remains flexible on our schedule to ensure the items most critical to AUD are prioritized. It is
understood the FOG program will start immediately upon NTP.
Task 8/11 9/11 10/11 11/11 12/11 1/12 2/12 3/12 4/12 5/12 6/12 7/12
PM
Kick-off Meeting
Monthly invoice
Close-Out
Assess Strategies
Watershed Protection
Update Program
Watershed
Source Water Protection
Outreach
Watershed Roundtable
Newsletters
School Program
Evaluation of Program
Fat Oil and Grease Program
Enhance Written Program
Education & Inspection Plan
FOG Disposal Strategies
Attachment number 1
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Augusta Utilities Department
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PRELIMINARY SOW: Phase 2
The following tasks are anticipated for Phase 2. Phase 2 work has not been priced or completed scoped.
In order to initiate Phase 2 work, Dewberry must submit a proposal to AUD and upon approval of scope
and budget, receive written authorization from AUD to proceed.
Task 1: Project Management
No additional Task 1 items have been identified for Phase 2.
Task 2: Assess Status of Protection Plan Implementation Strategies
No additional Task 2 items will be required for Phase 2.
Task 3: Evaluate / Update Existing Program
Watershed Protection
Based on the assessment of the implementation strategies and the meeting with EPD, Dewberry will
update the existing protection plan to comply with regulatory requirements and to meet AUD’s overall
needs. After the meeting with EPD in Phase 1, we will develop a budget to cover the modeling and
monitoring required. It is assumed Dewberry will be provided all existing modeling files and all
monitoring data. It is also assumed the existing model is adequate and updating of the model is a
minimal effort.
Deliverables
x Updated Watershed Protection Plan.
Task 4: Redevelop Communication Outreach and Educational Programs
No additional Task 4 items have been identified for Phase 2.
Task 5: Enhance Fat Oil and Grease (FOG) Program
Implementation of Education and Inspection Plan
Phase 2 will include the implementation of the plan. The following items have been identified for this
phase. However, these items will be refined during Phase 1.
x Education: Dewberry will assist with the dissemination of the education materials. Dewberry
will also provide training and 1 page summary sheets for addressing customer questions as well
as helping customer understand what is required of them related to FOG.
x Inspection: The purpose of this task is to optimize field data. Dewberry will develop the
program and train AUD staff to perform the field inspections with hand held devices. In
addition, Dewberry will ensure the schedules of the inspections are optimized.
Attachment number 1
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Augusta Utilities Department
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FOG Disposal Strategies
Dewberry will prepare a summary memo outlining collection options and alternative uses for grease
including recycling it or utilizing it as a source for bio-diesel or in co-digestion to enhance methane
production. This memo will be based on best practices gathered from the review of up to 5 other major
utility FOG disposal programs.
Attachment number 1
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Item # 32
REQUEST FOR QUALIFICATIONS
Request for Qualifications will be received at this office until Wednesday, January 12, 2011 @ 3:00 p.m. FOR
FURNISHING:
RFQ Item #11-054 Water and Wastewater System Master Plan for Utilities Department
RFQ Item #11-055 Utility Business Plan for Utilities Department
RFQ Item #11-056 Water and Wastewater Rate Study for Utilities Department
RFQ Item #11-059 Watershed Assessment/Source Water Assessment Plan for Utilities
Department
RFQ Item #11-077 Emergency Response Plan for Utilities Department
RFQ Item #11-080 Leak Detection Study for Utilities Department
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 examined at the office of the Augusta, GA Procurement Department, 530 Greene Street
– Room 605, Augusta, GA 30901. All questions must be submitted in writing to the office of the
Procurement Department by Tuesday, December 28, 2010 @ 5:00 p.m. by fax at 706-821-2811 or by email
@ procbidandcontract@augustaga.gov. No RFQ 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.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE,
MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the
Race-Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small Business
Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds,
Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in
accordance with State and Federal laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle December 2, 9, 16, 23, 2010
Metro Courier December 8, 2010
cc: Tameka Allen Interim Deputy Administrator
Tom Wiedmeier Utilities Department
Drew Goins Utilities Department
Attachment number 2
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Item # 32
VENDORS Attachment B Bidders Form
Addendums
1 & 2 Original 7 Copies
AECOM
1360 Peachtree Street, NE Ste 500
Atlanta GA 30309
YES YES YES YES YES
Dewberry
2835 Brandywine Road Ste 100
Atlanta GA 30341
YES YES YES YES YES
Jacobs Engineering Group
6801 Governors Lake Pkwy Bldg 200
Norcross GA 30071
YES YES YES YES YES
Mactec
3200 Town Point Drive Suite 100
Kennesaw GA 30144
YES YES YES YES YES
Stevenson & Palmer
723 Industrial Park Drive, Suite 2
Evans GA 30809
YES YES YES YES YES
Brown & Caldwell
990 Hammond Drive Ste 400
Atlanta GA 30328
Heery International
999 Peachtree Street NE Suite 300
Atlanta Ga 30309
Parsons Brinckerhoff
3340 Peachtree Road, NE Ste 2400
Tower Place 100
Atlanta GA 30326
RFQ Item #11-059
Watershed Assessment/Source Water Assessment Plan
for the City of Augusta - Utilities Department
RFQ Due: Wednesday, January 26, 2011 @ 11:00 a.m.
SUBMITTED NO BID RESPONSE
SUBMITTED NO BID RESPONSE
SUBMITTED NO BID RESPONSE
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Attachment number 3
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Item # 32
Evaluation Criteria PTS
AECOM
1360 Peachtree
Street, NE Ste 500
Atlanta GA 30309
Dewberry
2835 Brandywine
Road Ste 100
Atlanta GA 30341
Jacobs Engineering
Group
6801 Governors Lake
Pkwy Bldg 200
Norcross GA 30071
Mactec
3200 Town Point
Drive Suite 100
Kennesaw GA 30144
Stevenson & Palmer
723 Industrial Park
Drive, Suite 2
Evans GA 30809
1. Firms experience and
performance on projects of
similar size and scope 25
19.7 23.7 21.3 18.3 18.7
2. Firms Quality Control,
Quality Assurance and Project
Tracking 20
17.0 17.0 18.7 17.0 18.7
3. Project Approach and
Understanding 25 21.3 22.7 20.7 18.3 17.0
4. Qualifications, experience,
references and availability of
Key Staff 25
20.0 22.0 20.0 20.0 18.7
5. Proximity to Area 5 3.0 3.0 3.0 3.0 3.3
Total 100 81.0 88.3 83.7 76.7 76.3
3 1 2
2 1 3
Cumulative Evaluation Sheet - RFQ Item #11-059
Watershed Assessment/Source Water Assessment Plan
for the City of Augusta - Utilities Department
Presentation
Shortlisted
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CommissionMeetingAgenda
8/16/20115:00PM
Minutes
Department:ClerkofCommission
Caption:Motionto approvetheminutesoftheregularmeetingofthe
CommissionheldAugust2 ,2011and LegalMeetingheld August
8,2011 .
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 33
CommissionMeetingAgenda
8/16/20115:00PM
RescheduleCommitteeMeetings
Department:
Caption:Discussthereschedulingofcommitteemeetingtimes .
(Requested byMayorProTemJoeBowles)
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 34
CommissionMeetingAgenda
8/16/20115:00PM
Affidavit
Department:ClerkofCommission
Caption:Motionto authorizeexecutionbytheMayoroftheaffidavitof
compliancewithGeorgia'sOpenMeetingAct.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Cover Memo
Item # 35