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2011-09-06-Meeting Agenda
Cover Memo Item # 1 Cover Memo Item # 2 Cover Memo Item # 3 Cover Memo Item # 4 Attachment number 1 Page 1 of 2 Item # 4 Attachment number 1 Page 2 of 2 Item # 4 Cover Memo Item # 5 Attachment number 1 Page 1 of 1 Item # 5 Cover Memo Item # 6 Cover Memo Item # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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. Attachment number 1 Page 9 of 164 Item # 6 2 - 5 "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 Attachment number 1 Page 10 of 164 Item # 6 2 - 6 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. Attachment number 1 Page 11 of 164 Item # 6 2 - 7 "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. Attachment number 1 Page 12 of 164 Item # 6 2 - 8 "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 Attachment number 1 Page 13 of 164 Item # 6 2 - 9 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. Attachment number 1 Page 14 of 164 Item # 6 2 - 10 “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" Attachment number 1 Page 15 of 164 Item # 6 2 - 11 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 Attachment number 1 Page 16 of 164 Item # 6 2 - 12 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 Attachment number 1 Page 17 of 164 Item # 6 2 - 13 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 Attachment number 1 Page 18 of 164 Item # 6 3 - 1 GEERAL PROVISIOS SECTIO 3 AREA AD SETBACK REQUIREMETS 3-1 Area and Setback Requirements: Except as hereinafter provided, no building or structure shall be erected on a lot unless such building or structure, enlargement, addition, or alteration conforms with the area regulations and setback requirements of the zone in which it is located. 3-2 Reduction of Lot Area: No lot shall be reduced or diminished so that the yards, other open space, or total lot area shall be smaller than prescribed by this Ordinance nor shall the density of housing units be increased in any manner except in conformity with the regulations herein established. 3-3 Recorded Lots Less Than Minimum Area: Lots of Record at the time of enactment of this Ordinance, which have less than the minimum requirements for an R-Zone, may nevertheless be used for uses permitted in respective zones if all standards other than those related to lot area can be met. All other lots in an R-Zone shall be in accordance with the respective zone requirements. 3-4 Yards Applying to Only One Building: No required yard or other open space around an existing building, or which is hereafter provided around any other building for the purpose of complying with the provisions of this Ordinance, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected. 3-5 Only One Main Building on a Lot: Every building hereafter shall be located on a lot herein defined. In no case shall there be more than one main residential building and its accessory building on one lot. Row dwellings or a unit group of dwellings may be considered as one main residential building. 3-6 Intersection Visibility and Corner Setback: In all zones, except B-2, LI, and HI Zones, no construction, fence, hedge, bushes, or other obstruction to a clear view which extends over three (3) feet in height shall be permitted at any corner of intersecting streets where either or both of the streets are less than sixty (60) feet in width within the area formed by the legs of a triangle whose apex is a point of intersection of the centerline of the traveled roadways and the legs of which are sixty (60) feet in length along the centerlines, and the hypotenuse of which is the line connecting the end of said legs. Exceptions shall be made for utility pole lines, lighting standards, post office boxes, traffic signs, and trees, the branches of which are kept trimmed to a height of eight (8) feet above the ground. 3-7 Front Yard on a Through Lot: At each end of a through lot there shall be a front yard depth required by this Ordinance for the zone in which each street frontage is located. 3-8 Group Housing: DELETED Attachment number 1 Page 19 of 164 Item # 6 3 - 2 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. Attachment number 1 Page 20 of 164 Item # 6 3 - 3 (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. Attachment number 1 Page 21 of 164 Item # 6 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 Page 22 of 164 Item # 6 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 # 6 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 # 6 4 - 3 Attachment number 1 Page 25 of 164 Item # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 Page 35 of 164 Item # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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 Page 50 of 164 Item # 6 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. Attachment number 1 Page 51 of 164 Item # 6 12 - 3 (b) A plat of the lots and the boundaries thereof along with the square footage contained in each lot and the location and rights-of-way of proposed streets in the total development. (c) The location of buildings and the number of stories contained in each. (d) The preliminary location of water supply, sanitary, and storm sewer systems. (e) The location of all curb cuts, driving lanes and parking areas. (f) The location and type of all common areas (pedestrian walkways, open spaces, recreational uses), including a statement of the method to be used to insure continued maintenance of such areas. (g) The location and height of all walls, fences and screen plantings. (h) A typical tentative plan showing front elevations of the proposed dwellings including a tentative statement indicating the type of construction to be used. (i) A tabulation of the total area, number of dwelling units, and overall density per acre. 12-8 Revision of Plans After Final Approval: Any request to change an approved development plan which affects the intent and character of the development, the density or land use pattern, the location or dimension of streets, or similar changes, shall follow the procedures set forth in Section 35 of this Ordinance. A request for revision of the development plan shall be supported by a written statement of why the revisions are necessary or desirable. 12-9 Compliance with Subdivision Regulations: The development shall comply with the pertinent requirements of the Subdivision Regulations for Augusta, 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) Attachment number 1 Page 52 of 164 Item # 6 13 - 1 RESIDETIAL DISTRICT CLASSIFICATIO SECTIO 13 R-1E (OE-FAMILY RESIDETIAL) ZOE Statement of Intent: The intent of this section is to allow greater flexibility in the integration of various types of owner-occupied housing. 13-1 Permitted Uses: The following uses may be permitted in an R-1E district upon determination by the 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 Attachment number 1 Page 53 of 164 Item # 6 13 - 2 be computed beginning five (5) feet outside the building walls. Parking and other paved surfaces, except patios and courtyards, shall not count toward this open space requirement. Any required open space may be left under individual ownership if it falls on an individual lot, but a property owners' association shall maintain any common area not dedicated to the Augusta-Richmond County Commission. Restrictive covenants, declarations and restrictions running with the land shall provide for access across and permanent maintenance and protection of the common space within these requirements. 13-10 Off-Street Parking Regulations: (a) A minimum of two (2) parking spaces for each dwelling unit shall be provided in the R-1E Zone. (b) Where off-street parking is arranged so as to require backing from more than four contiguous spaces directly onto a public street, the minimum parking space dimensions shall be ten (10) feet in width and twenty-five (25) feet in length. (c) No off-street parking shall be arranged so as to require backing from a space directly into a collector or an arterial street. 13-11 Application for Approval: All applications for development or a change of zoning to an R-1E Zone shall be accompanied by the following: (a) A plat of the land to be included in the total development showing all rights-of- way and easements affecting the property to be rezoned to an R-1E classification. (b) A plat of the lots and the boundaries thereof along with the square footage contained in each lot and the location and rights-of-way of proposed streets. (c) The location of buildings and the number of stories contained in each. (d) The preliminary location of water supply, sanitary and storm sewer systems. (e) The location of all curb cuts, driving lanes and parking areas. (f) The location and type of all common areas (pedestrian walkways, open spaces, recreational uses) including a statement of the method to be used to insure continued maintenance of such areas. (g) The location and height of all walls, fences and screen plantings. (h) A typical tentative plan showing elevations of the proposed dwellings, including a tentative statement indicating the type of construction to be used. (i) A tabulation of the total area, number of dwelling units, and overall density per acre. 13-12 Revision of Plans After Final Approval: Any request to change an approved development plan which affects the intent and character of the development, the density or land use pattern, the location or dimension of streets, or similar changes, shall follow the procedures set forth in Section 35 of this Ordinance. A request for revision of the development plan shall be supported by a written statement of why the revisions are necessary or desirable. 13-13 Compliance with Subdivision Regulations: The development shall comply with the pertinent requirements of the Subdivision Regulations for Augusta. 13-14. Buffer Yard: A 10 foot wide buffer yard which meets the requirements of the Augusta Tree Ordinance as it pertains to side buffer yards is required along an entire side or rear boundary of the proposed development if: Attachment number 1 Page 54 of 164 Item # 6 13 - 3 (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 # 6 14 - 1 RESIDETIAL DISTRICT CLASSIFICATIOS SECTIO 14 R-MH (MAUFACTURED HOME RESIDETIAL) ZOE 14-1 Permitted Uses: (a) Any use permitted in the R-1 (One-family) Zone, subject to the restrictions and regulations of the R-1 Zone. (b) Manufactured Home Parks in accordance with the requirements of Section 27 of this Ordinance. (c) Manufactured Homes on individual lots in accordance with the provisions of Section 27 of this Ordinance. 14-2 Height: The height provisions of the R-1 (One-family) Zone shall apply. 14-3 Area: Every lot in an R-MH (Manufactured Home Residential) Zone where public sewer is to be used shall be 15,000 square feet. Every lot in an R-MH (Manufactured Home Residential) Zone where an individual sewage disposal system is to be used shall be developed in accordance with the provisions of the Groundwater Recharge Area Protection Ordinance. The minimum lot (space) area for manufactured home parks shall also be developed in accordance with the provisions of the Groundwater Recharge Area. 14-4 Lot Width: The minimum lot width in the R-MH zone is 100 feet. For Manufactured Home Parks the requirements shall be as set forth in Section 27 of this Ordinance. 14-5 Setbacks: Front, side, and rear yard setback requirements shall be the same as for the R-1 (One-family) Zone. 14-6 Lot Coverage: The lot coverage in the R-MH (Manufactured Home Residential) Zone shall not be more than forty percent (40%). Amended September 2005 – Sections 14-3 & 14-4 Attachment number 1 Page 56 of 164 Item # 6 15 - 1 RESIDETIAL DISTRICT CLASSIFICATIOS SECTIO 15 R-2 (TWO-FAMILY) ZOE 15-1 Permitted Uses: (a) Any use permitted in the R-1 (One-family Residential) Zone, subject to the restrictions and regulations of the R-1 Zone. (b) Two-family Dwellings. 15-2 Special Exception: The following may be permitted in a R-2 Zone by Special Exception. (a) Single-family attached dwellings and condominiums developed in accordance with Section 13 of this Ordinance, provided that the density of dwellings shall not exceed the regulations set forth in Section 15-4 (b) of this Ordinance. (b) Public parking areas, when located and developed as in Section 4 and where the area adjoins a use other than provided for in the R-1 Zone, provided such transitional use does not extend more than one (100) feet from the boundary of the less restricted zone. 15-3 Height: The height provisions of the R-1 Zone shall apply to the R-2 (Two-family Residential) Zone. 15-4 Area: (a) Size of Tract: The maximum size of any tract to be zoned and developed under an R-2 Zone shall be one (1) acre. (b) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be two thousand five hundred (2,500) square feet in an R-2 Zone. (c) 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. Attachment number 1 Page 57 of 164 Item # 6 15 - 2 15-5 Special Exceptions Any use established as a result of a Special Exception granted per Subsection 15-2 must be initiated within six (6) months of the granting, or the Special Exception shall no longer be valid. The initiation of a use is established by the issuance of a valid business license by the Augusta 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 Attachment number 1 Page 58 of 164 Item # 6 16 - 1 RESIDETIAL DISTRICT CLASSIFICATIOS SECTIO 16 R-3A (MULTIPLE-FAMILY RESIDETIAL) ZOE 16-1 Permitted Uses: (a) Any use permitted in the R-2 (Two-family) Zone subject to the restrictions and regulations of the R-2 Zone; and (b) Multiple-family dwellings. 16-2 Special Exception: The following may be permitted in the R-3A Zone by Special Exception. (a) Lodging house or tourist house. (b) Single-family attached dwellings and condominiums developed in accordance with Section 13 of this Ordinance, provided that the density of dwellings shall not exceed the regulations set forth in Section 16-5 (a) of this Ordinance. (c) Family personal care homes subject to the criteria established in Section 26 of this Ordinance. (d) Group personal care homes. (e) Fraternity or sorority houses. (f) Public parking areas, when located and developed as in Section 4 and where the area adjoins a use other than provided for in the R-1 Zone, provided such transitional use does not extend more than one hundred (100) feet from the boundary of the less restricted zone. DELETED. 16-4 Height: The height provisions of the R-2 (Two-family) Zone shall apply to the R-3A Zone. 16-5 Area: (a) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be four thousand (4,000) square feet in an R-3A Zone. (b) Tract Area: Every tract in an R-3A Zone shall have a minimum width of eighty (80) feet and a minimum area of ten thousand (10,000) square feet. 16-6 Lot Coverage: The lot coverage provisions of the R-2 (Two-family) Zone shall apply to the R-3A Zone. 16-7 Setbacks: (a) Front Setbacks: The front yard setback provisions of Sections 8-8 of this Ordinance shall apply to the R-3A (Multiple-family) Zone. (b) Side Setbacks: The side yard setback provisions of Sections 8-8 of this Ordinance shall apply, provided when a side yard abuts a zone described in Sections 8-8 of this Ordinance, no structure may be constructed within 25 feet of the boundary of that zone. If a six (6) foot brick or stucco wall is constructed beginning at the front setback line and extending along the entire side property line adjoining the zone described in Sections 8-8 of this Ordinance, then the required setback shall Attachment number 1 Page 59 of 164 Item # 6 16 - 2 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 Attachment number 1 Page 60 of 164 Item # 6 17 - 1 RESIDETIAL DISTRICT CLASSIFICATIOS SECTIO 17 R-3B (MULTIPLE-FAMILY RESIDETIAL) ZOE 17-1 Permitted Uses: (a) Any use permitted in the R-3A (Multiple-family Residential) Zone subject to the restrictions and regulations of the R-3A Zone; (b) Single-family attached dwellings and condominiums developed in accordance with Section 13 of this Ordinance, provided that the density of dwellings shall not exceed the regulations set forth in Section 17-5 (a) of this Ordinance. (c) Lodging or tourist home. (d) Family and group personal care homes. (e) Fraternity or sorority house. 17-2 Special Exception: The following may be permitted in the R-3B Zone by Special Exception: (a) Public parking areas, when located and developed as in Section 4 and where the area adjoins a use other than provided for in the R-1 Zone, provided such transitional use does not extend more than one hundred (100) feet from the boundary of the less restricted zone. 17-3 DELETED. 17-4 Height: Maximum height shall not exceed four (4) stories or seventy-five (75) feet, except that the height may be increased as provided for in Section 29 of this Ordinance. 17-5 Area: (a) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be two thousand five hundred (2,500) square feet in an R-3B Zone. (b) Tract Area: The tract area provisions of the R-3A (Multiple-family Residential) Zone shall apply to the R-3B Zone. 17-6 Lot Coverage: The lot coverage provisions of the R-3A (Multiple-family Residential) Zone shall apply to the R-3B Zone. 17-7 Setbacks: (a) Front Setbacks: The front yard setback provisions of the R-3A Zone shall apply to the R-3B Zone. (b) Side Setbacks: The side yard setback provisions of the R-3A Zone shall apply to the R-3B Zone. (c) Rear Setbacks: The rear yard setback provisions of the R-3A Zone shall apply to the R-3B Zone. Attachment number 1 Page 61 of 164 Item # 6 17 - 2 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 Attachment number 1 Page 62 of 164 Item # 6 18 - 1 RESIDETIAL DISTRICT CLASSIFICATIOS SECTIO 18 R-3C (MULTIPLE-FAMILY RESIDETIAL) ZOE 18-1 Permitted Uses: (a) Any use permitted in the R-3B (Multiple-family Residential) Zone subject to the restrictions and regulation of the R-3B Zone; (b) Single-family attached dwellings and condominiums developed in accordance with Section 13 of this Ordinance, provided that the density of dwellings shall not exceed the regulations set forth in Section 18-5 (a) of this Ordinance. (c) Congregate personal care homes. 18-2 Special Exceptions: The following may be permitted in the R-3C Zone by Special Exception: (a) Public parking areas, when located and developed as in Section 4 and where the area adjoins a use other than provided for in the R-1 Zone, provided such transitional use does not extend more than one hundred (100) feet from the boundary of the less restricted zone. 18-3 DELETED. 18-4 Height: Maximum height shall not exceed six (6) stories or one hundred and five (105) feet, except that the height may be increased as provided for in Section 29 of this Ordinance. 18-5 Area: (a) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be one thousand five hundred (1,500) square feet in an R-3C Zone (b) Tract Area: The tract area provisions of the R-3A (Multiple-family Residential) Zone shall apply to the R-3C Zone. 18-6 Lot Coverage: Not more than fifty percent (50%) of the lot may be covered by buildings or structures. 18-7 Setbacks: (a) Front Setbacks: The front yard setback provisions of the R-3A Zone shall apply to the R-3C. (b) Side Setbacks: The side yard setback provisions of the R-3A Zone shall apply to the R-3C Zone. (c) Rear Setbacks: The rear yard setback provisions of the R-3A Zone shall apply to the R-3C Zone. Attachment number 1 Page 63 of 164 Item # 6 18 - 2 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 Attachment number 1 Page 64 of 164 Item # 6 19 - 1 RESIDETIAL DISTRICT CLASSIFICATIOS SECTIO 19 PUD (PLAED UIT DEVELOPMET) ZOE Statement of Intent: The intent of this section is to permit greater flexibility and, consequently, more creative and imaginative design for development of residential areas than is generally possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of land while providing a harmonious variety of housing choices, higher level of amenities, and preservation of natural qualities of open spaces. Within the Planned Unit Development Zone a variety of housing types and land uses may be permitted in an orderly relationship to one another and to existing land uses, as well as with due regard to comprehensive planning within Augusta, Georgia. 19-1 Definition: For the purpose of this section a Planned Unit Development is defined as a land development project comprehensively planned as an entity via a unitary site plan which permits flexibility in building siting, mixtures of housing types and land uses, usable open spaces, and the preservation of significant natural features. Other terms or words used in this section shall be as defined in Section 2, General Definitions, of this Ordinance. 19-2 Permitted Uses within a PUD (Planned Unit Development) Zone shall be primarily residential in character, and may include the following: (a) Single-family detached dwellings. (b) Single-family attached dwellings (townhouse, duplex, condominium or similar type). (c) Multiple-family dwellings. (d) Public or semipublic institutions (churches, schools, community or club facilities, and similar uses). (e) Recreational Facilities, including swimming pools, tennis courts, golf courses, and other recreational facilities intended for the primary use and enjoyment of the residents of the proposed development. (f) Common open space. (g) Accessory uses to those listed above. (h) Uses permitted within a B-1 (Neighborhood Business) Zone subject to the restrictions of that zone and provided that the uses proposed meet the following criteria: (1) The location is appropriate in relation to other land uses on or adjacent to the proposed development. (2) The proposed commercial or retail use is designed so that it will primarily serve the residents of the proposed development. (3) The uses shall not, by reason of their construction, manner of operation, signs, lighting, parking arrangements, or other characteristics, have adverse effects on residential uses within or adjoining the proposed development, or create traffic congestion or hazards to vehicular or pedestrian traffic. Attachment number 1 Page 65 of 164 Item # 6 19 - 2 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 Page 66 of 164 Item # 6 19 - 3 (a) The amount of open space required by Section 19-4(c) of this Ordinance shall not include land area devoted to other uses including private yards, patios or decks, parking structures, open parking areas, driveways, or accessory structures, except recreational structures. Land devoted to institutional uses, such as churches or schools, may be included. (b) Common open space shall be used for amenity or recreational purposes. The uses proposed for the common open space must be appropriate to the scale and character of the Planned Unit Development, considering the size, density, expected population, topography, and the number and type of dwellings to be provided. (c) Common open space must be suitably improved for its intended uses, but common open space containing natural features, existing trees and ground cover worthy of preservation may be left unimproved. (d) The buildings, structures, and improvements proposed in the common areas shall be appropriate to the uses which are proposed for the common open space and shall conserve and enhance the amenities of the common open space. (e) The general statement of the proposed development staging required by the Subdivision Regulations for Augusta-Richmond County must provide for coordination of the improvement of the common open space with the construction of buildings and structures in the common open space and the construction of residential dwellings in the Planned Unit Development. (f) Legal instruments guaranteeing the permanent retention and maintenance of the common open space shall be prepared and recorded with the proper authorities. 19-8 General Development Requirements: (a) Every Planned Unit Development shall be provided with a public water supply and public sewage disposal system. In no case shall individual wells be allowed as a method of water supply nor shall individual or community septic tanks be allowed as a method of sewage disposal. (b) Internal streets intended to be dedicated to the Augusta Commission shall conform with the requirements of Article IV of the Subdivision Regulations for the Augusta Commission. If private streets are proposed, the alignment and gradient shall be properly adapted to the topography, to safe movement of traffic, and to adequate control of surface water, ground water, and drainage. Private streets shall be surfaced with a pavement acceptable to the Department of Public Works and Engineering. (c) Off-street parking shall be provided for each individual land use in accordance with the requirements set forth in Section 4 of this Ordinance. (d) Where a Planned Unit Development abuts another residential district, a permanent open space at least twenty-five (25) feet wide, or greater if deemed necessary by the 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 Page 67 of 164 Item # 6 19 - 4 (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 # 6 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 Page 69 of 164 Item # 6 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 Page 70 of 164 Item # 6 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 # 6 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 Page 72 of 164 Item # 6 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 # 6 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 Page 74 of 164 Item # 6 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 Page 75 of 164 Item # 6 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 # 6 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 Page 77 of 164 Item # 6 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 Page 78 of 164 Item # 6 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 Page 79 of 164 Item # 6 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 Page 80 of 164 Item # 6 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 Page 81 of 164 Item # 6 23 - 2 23-6 Distance from an R-Zone: Industrial activities, including construction of buildings for industrial use, storage of materials, and loading facilities shall not be located within 50 feet of a R-Zone boundary. Parking of vehicles except for automobiles that are used by employees and customers shall not be permitted within 50 feet of an R-Zone boundary. 23-7 DELETED. Attachment number 1 Page 82 of 164 Item # 6 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 Attachment number 1 Page 83 of 164 Item # 6 24 - 2 (27) Inert Fill Area Where there are no residences or residentially zoned properties located within 1000 feet of the boundary of the property upon which the inert fill area would be located, or where the finished grade of the inert fill area would not be greater than 10 feet in elevation above the highest elevation of any adjoining property. (28) Petroleum products manufacture or wholesale aboveground storage of petroleum or its products in quantities not exceeding twelve thousand (12,000) gallons consistent with the minimum separation requirements that appear in table 4.3.2.4 of NFPA 30A. Underground storage tanks shall meet all applicable requirements of Chapter 4 and Chapter 5 of NFPA 24-2 Uses Permitted by Special Exception: (a) The following uses require a Special Exception in the HI (Heavy Industry) Zone. In no case shall any use listed below be allowed within 300 feet of an R-Zone (Residential). (1) Acid manufacture, hydrochloric, nitric, picric, or sulfuric acid (2) Cement, lime, clay or gypsum, or plaster manufacture (3) Chlorine or similar noxious gases (4) Distillation of bones (5) Drop forge industries manufacturing forgings with power hammers (6) Explosives, manufacture or storage (7) Fertilizer manufacture (8) Garbage, offal, dead animal reduction or dumping (9) Glue manufacture (10) Hair manufacture (11) Deleted (12) Processing of sauerkraut, vinegar, or yeast (13) Rendering or refining of fats and oil (14) Stockyard or feeding pen (15) Slaughter of animals, not including the killing of fowl (16) Automobile wrecking or junk yards; storage, sorting, collecting, or baling of rags, paper, metal, or other items not usable in their current state. These uses must be enclosed on all sides by a solid wall or board fence not less than six (6) feet in height. (17) Any other use that is noxious or offensive by reason of the emission or creation of odor, dust, fumes, smoke, gas, noise, vibration, radiation, or similar substances, or conditions equal in aggregate amount to that of any use specified. (18) Inert Fill Area - Where there are residences or residentially zoned properties located within 1000 feet of the boundary of the property upon which the inert fill area would be located, or where the finished grade of the inert fill area would be greater than 10 feet in elevation above the highest elevation of any adjoining property. (19) Ammonia or bleaching powder manufacture (20) Atomic energy reactor station (21) Chemical manufacture (22) Creosote manufacture or treatment (23) Incinerator Attachment number 1 Page 84 of 164 Item # 6 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 Attachment number 1 Page 85 of 164 Item # 6 25 - 1 SPECIAL DISTRICT CLASSIFICATIOS SECTIO 25 HPA (HISTORIC PRESERVATIO AREA) ZOE ETIRE SECTIO DELETED . Attachment number 1 Page 86 of 164 Item # 6 25 - A - 1 SPECIAL DISTRICT CLASSIFICATIO SECTIO 25-A PDR (PLAED DEVELOPMET RIVERFROT) ZOE 25-A-1 Statement of Intent: Recognizing the value of the Savannah Riverfront as an economic, historic, recreational, and visual resource of tremendous value to the citizens of Augusta and surrounding area and further recognizing it as an area of critical and sensitive environmental concern, it is the intent of this section to provide for the orderly and aesthetic development or redevelopment of the lands adjoining the Savannah River by: (a) Creating a special Riverfront Development Review Board comprised of persons with an interest or expertise in the orderly development of this resource. (b) Limiting land uses to those which will provide the best utilization of the benefits afforded by a riverfront location. (c) Insuring that the regulations applicable to the riverfront will be responsive to the dictates of the development economy at a given time. (d) Setting forth sufficient design and development standards and criteria to provide for maximum public benefit from the further development of the riverfront area through a mixture of land uses, the provision and maintenance of public access, elimination or mitigation of negative environmental impact from development, aesthetic controls, and the beneficial coordination of residential, recreational, and commercial utilization of the riverfront lands. 25-A-2 District Boundaries: The PDR (Planned Development Riverfront) Zone shall consist of all of that area bounded by the following: That area lying within a line beginning at the intersection of the Columbia and Richmond County boundary line and the centerline of the first level of the Augusta Canal; thence in a northeasterly direction along said boundary line to its intersection with the centerline of the Savannah River; thence along the centerline of the Savannah River in a southeasterly direction to a point intersected by a Bearing N 660 50'28"E; thence S 66050'28"W to a point on the south bank of the Savannah River; thence S 66050'28"W a distance of 490.15 feet to a point; thence, N150 31' 32"W a distance of 817 feet, more or less, to a point on the south toe of the Augusta levee; thence along the south toe of the Augusta levee in a westerly direction to its intersection with the northwest right-of-way line of East Boundary Extended; thence along the northwest right-of-way line of East Boundary Extended and East Boundary in a southerly direction to a point located on the southwest corner of the intersection of Reynolds Street and East Boundary; thence in a southerly direction along the northwest right-of-way line of East Boundary a distance of 200.0 feet to a point; thence, in a westerly direction running parallel to Reynolds Street to a point located on the southeast right-of-way line of 9th Street; thence in a southwesterly direction along the southeast right-of-way line of 9th Street to a point located where the southwest right-of-way line of Jones Street Extended intersects with the southeast .right- of-way line of 9th Street; thence in a westerly direction along the southwest right-of-way line of Jones Street Extended to a point located at the southwest corner of the intersection of Jones Street Extended and 9th Street; thence in a southerly direction along the northwest right-of-way line of 9th Street a distance of 100.0 feet to a point; thence in a westerly direction running parallel to Jones Street to its intersection with the centerline Attachment number 1 Page 87 of 164 Item # 6 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 Attachment number 1 Page 88 of 164 Item # 6 25 - A - 3 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. Attachment number 1 Page 89 of 164 Item # 6 25 - A - 4 25-A-5 Development Standards and Requirements (a) Yard and Setback Requirements. There shall be no minimum lot size, side or rear setback, percentage of lot coverage or lot width, provided, however, that measures are taken to provide reasonable visual and acoustical privacy for dwelling units and that no building or structure shall be constructed so as to encroach within the designated flood way of the Savannah River. (b) Public Access. Application for approval of development in the PDR zone shall include provisions for public access from a publicly- owned or maintained roadway to that portion of the property designated as and defined by the 100-Year Floodplain limit line under an Ordinance entitled "An Ordinance to Prevent Damage From Floods; To Regulate Land Uses in the Flood Plain, and for Other Purposes." 1. Public access areas shall consist of the designated 100 Year Floodplain and one (1) twenty (20) foot access easement for every three hundred (300) feet of river frontage, or portion thereof, to be occupied by the proposed development. 2. The flood way and access easements shall be dedicated to the Augusta-Richmond County Commission, be suitably landscaped, and contain a walkway of sufficient width and surfaced with an all- weather material as approved by the Department of Public Works to facilitate pedestrian movement to and from the public roadway. 3. Said easement shall be permanently maintained by the owner, developer, or an association of owners or residents having responsibility for common areas within the proposed development. 4. All public access easements shall be clearly marked as such with a permanent sign of not less than three (3) square feet in area. (c) Building Design and Site Planning Standards. The following special building design and site planning standards shall apply in the PDR Zone. 1. All development in the PDR zone shall comply with an Ordinance entitled "An Ordinance to Prevent Damage From Floods; To Regulate Land Uses in the Flood Plain, and For Other Purposes" and approval of development plans under the provisions of this section shall not constitute approval under other applicable codes and ordinances. 2. No fencing along the exterior property lines of any development in the PDR zone shall be permitted unless the proposed fence is integrated completely with the design of the buildings, i.e. similar in materials, design, and detailing. Developers are required to fence or screen off-street parking and loading areas from view from public roadways utilizing a four (4) foot fence, screen, or landscaped earthen berm. 3. All construction in a PDR zone shall be of the following materials: brick, stucco, poured-in-place architectural concrete, exposed aggregate pre cast panels, and wood siding where appropriate and permitted by codes. Unacceptable construction materials include metal siding, concrete block, and high maintenance finishes such as paint on concrete block. Exceptions to the provisions of this Attachment number 1 Page 90 of 164 Item # 6 25 - A - 5 subsection may be granted for additions or modifications to existing buildings, or for construction on the same parcel and in close proximity to existing buildings. Exceptions may be granted only in the case of hardship where it is determined that the aesthetics of the surrounding area would not be adversely affected. 4. All mechanical equipment and service areas shall be screened from view from adjacent roads and pedestrian ways, other structures, and the Levee by structures or devices integral to the architecture of the building. Wherever practicable, all utility systems in the development shall be underground. 5. Preservation of existing trees on-site is required. Applications for approval of development plans in the PDR Zone shall show the location and type of all existing trees having a diameter measurement of ten (10) inches measured at a height of four (4) feet above ground level and shall indicate which of these trees are to be retained. Removal of trees of that size or larger is prohibited except where necessary to allow construction of buildings; needed for street rights-of-way, walkways, and ancillary structures such as patios; the tree is diseased, injured, or otherwise may pose an unsafe visibility or sight distance; or unduly restricts the economic use of the property. Where it is necessary to remove existing trees, the developer is required to replace them with planting elsewhere on-site. 6. All development proposed for the PDR zone will be reviewed for its impact on or utilization of historic and potentially historic structures. Developers are encouraged to coordinate adaptive renovation and use of existing structures with the appropriate local agencies or organizations having an interest in historic preservation. 25-A-6 Application Requirements: (a) An application for approval of development plans in the PDR Zone shall be made to the Executive Director of the Augusta 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. Attachment number 1 Page 91 of 164 Item # 6 25 - A - 6 4. The location and elevation of the water supply, sanitary, and storm drainage systems. 5. The location and type of all common areas along with a statement of the method to be used to insure the continued maintenance of such areas. 6. The location of all curb cuts, driving lanes, and parking areas. 7. The location and height of all walls, fences, and screen plantings. 8. A statement of proposed uses on a building by building basis and, where applicable, on a floor by floor basis. 9. Architectural drawings indicating the proposed appearance of each elevation and a general statement regarding exterior colors and materials. 10. The proposed location and character of signs and exterior lighting, service areas and doors, and loading facilities. 11. A landscaping plan showing the location, size, and type of all plant materials whether existing or proposed. 12. For residential developments, a tabulation of the total area, number of dwelling units, off-street parking spaces and overall density per acre. (c) Upon completion of its review, the Riverfront Development Review Board shall transmit its findings along with recommendations for modifications, if any, to the Executive Director 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. Attachment number 1 Page 92 of 164 Item # 6 25 - B - 1 SPECIAL DISTRICT CLASSIFICATIOS SECTIO 25-B SCA (SPECIAL SIG COTROL AREA) DISTRICT ETIRE SECTIO DELETED Attachment number 1 Page 93 of 164 Item # 6 25 - C - 1 SPECIAL DISTRICT CLASSIFICATIO SECTIO 25-C RIVER WATCH PARKWAY ETIRE SECTIO DELETED Attachment number 1 Page 94 of 164 Item # 6 25 - D - 1 SPECIAL DISTRICT CLASSIFICATIOS SECTIO 25 - D SAVAAH RIVER CORRIDOR PROTECTIO DISTRICT 25-D-1 Statement of Intent The intent of the regulations with this Zoning District is to limit the use of the Savannah River Corridor, in conjunction with other government entities along the Savannah River Corridor, in order to: (a) Assure that the Savannah River in the City of Augusta will not become polluted and unsuitable as a source for potable water; (b) Protect the river corridor by establishing a natural vegetative buffer area bordering the river; (c) Preserve those qualities that make the river corridor suitable as a habitat for wildlife; (d) Help control erosion and to absorb flood waters; and (e) Protect and safeguard the health and welfare of all the citizens of the City of Augusta by providing protection of the section of the river that is or may be used as a source of drinking water. 25-D-2 Description of District The limits of the Savannah River Corridor Protection (SRCP) District are hereby defined to be all areas within 100 feet horizontally of the river, measured from the river bank. This area shall remain in an undisturbed vegetative buffer. The 100-foot buffer is measured from the uppermost part of the river bank, usually marked by a break in slope. Although not within the buffer area, the area between the top of the river bank and the water's edge shall be included in the SRCP district. Because these protective measures allow some latitude with land uses, and because the District is not intended to prescribe a specific land use but rather to define a range of acceptable land uses, the Savannah River Corridor Protection District is designed as an overlay district. Within the range of land uses which can be located within the District, this Section establishes performance standards which apply to development within the District. The regulations of the underlying zoning district shall be maintained and not affected, except in the event of conflict or discrepancy between the SRCP District and the underlying district. In that case, the more stringent requirements shall be observed. 25-D-3 Establishment and Maintenance of atural Buf fer Except as permitted under this section, all construction of buildings or structures is prohibited within the SCRP District, and the existing natural vegetative buffer within 100 feet of the river bank shall remain undisturbed. 25-D-4 Permitted Uses and Conditions The following uses are permitted, subject to certain conditions, within the one hundred-foot (100') buffer of the SRCP District. Any permitted use must also comply with the applicable regulations of the underlying zoning classification. (a) Single-family dwellings, including the usual accessory structures and appurtenances, are subject to the following conditions: Attachment number 1 Page 95 of 164 Item # 6 25 - D - 2 1. The dwelling shall be located on a tract of land containing at least two acres and meeting all other zoning regulations. 2. There shall be only one such dwelling on each two-acre or larger tract of land. 3. A septic tank or tanks serving such a dwelling may be located within the buffer area; however, septic tank drain fields shall not be located within the buffer area. (b) Industrial and commercial land uses existing prior to the adoption of the Savannah River Corridor Protection District, provided that: 1. Industrial and commercial uses shall not impair the drinking quality of the river water as defined by the Federal Clean Water Act, as amended. 2. Industrial and commercial activity within the SRCP district shall meet all applicable State and Federal environmental rules and regulations. 3. Septic tanks and septic tank drain fields serving industrial and commercial uses are prohibited within the buffer area. (c) The construction of road crossings and utility crossings, provided that the construction of said crossings shall meet all requirements of the Augusta- Richmond County Soil and Sediment Control Ordinance. (d) Agricultural production and management, subject to the following conditions: 1. Agricultural activity shall be consistent with best management practices established by the Georgia Soil and Water Conservation Commission; 2. Agricultural activity shall not impair the water quality of the river water as defined by the Georgia Clean Water Act; 3. Agricultural activity shall be consistent with all applicable State and Federal environmental regulations, and all regulations promulgated by the Georgia Department of Agriculture. (e) Timber production and harvesting, subject to the following conditions: 1. Forestry activity shall be consistent with best management practices established by the Georgia Forestry Commission. 2. Forestry activity shall not impair the drinking water quality of the river water as defined by the Georgia Clean Water Act. (f) Wildlife and fisheries management activities consistent with the purpose of O.C.G.A.12-2-8. (g) Wastewater treatment facilities. (h) Natural water quality treatment or purification facilities. (i) Recreational uses consistent either with the maintenance of a natural vegetative buffer or with river-dependent recreation. For example, paths, walkways, boat ramps would be consistent with this criteria, but parking lots and hard-surface tennis court would not. (j) Other uses as permitted by the Georgia Department of 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. Attachment number 1 Page 96 of 164 Item # 6 25 - D - 3 25-D-6 Exempt Uses The following uses are exempt from the one hundred-foot (100') buffer requirements of the SRCP District: (a) Land uses existing prior 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. Attachment number 1 Page 97 of 164 Item # 6 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: Attachment number 1 Page 98 of 164 Item # 6 25 - E - 2 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 Attachment number 1 Page 99 of 164 Item # 6 26 - 1 SPECIAL DISTRICT CLASSIFICATIOS SECTIO 26 SPECIAL EXCEPTIOS 26-1 The following Special Exceptions may be permitted in any Zone where such uses are deemed essential or desirable to the public convenience or welfare and are in harmony with the various elements or objectives of the Master Plan/Planning Document in effect. All applications for a Special Exception under this subsection shall be accompanied by a preliminary development plan that shows the location of all buildings associated with the proposed use and the number of stories contained in each building. The preliminary development plan must also show the location of all curb cuts, driving lanes, parking areas, and the location of all walls, fences and screen plantings that exist or are planned. (a) Church, synagogue, or other place of worship, or their related activities 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 Attachment number 1 Page 100 of 164 Item # 6 26 - 2 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. Attachment number 1 Page 101 of 164 Item # 6 26 - 3 (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 Attachment number 1 Page 102 of 164 Item # 6 26 - 4 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. Attachment number 1 Page 103 of 164 Item # 6 26 - 5 (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 Attachment number 1 Page 104 of 164 Item # 6 26 - 6 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 Attachment number 1 Page 105 of 164 Item # 6 26 - 7 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 Attachment number 1 Page 106 of 164 Item # 6 27 - 1 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 Attachment number 1 Page 107 of 164 Item # 6 27 - 2 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 Attachment number 1 Page 108 of 164 Item # 6 27 - 3 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 Attachment number 1 Page 109 of 164 Item # 6 27 - 4 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 Attachment number 1 Page 110 of 164 Item # 6 27 - 5 (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 Attachment number 1 Page 111 of 164 Item # 6 28 - 1 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. Attachment number 1 Page 112 of 164 Item # 6 28 - 2 (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 Attachment number 1 Page 113 of 164 Item # 6 28 - 3 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 Attachment number 1 Page 114 of 164 Item # 6 28 - 4 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 Attachment number 1 Page 115 of 164 Item # 6 28 - 5 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 Attachment number 1 Page 116 of 164 Item # 6 28 - 6 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. Attachment number 1 Page 117 of 164 Item # 6 28 - A - 1 SECTIO 28-A TELECOMMUICATIO FACILITIES 28-A-1 PURPOSE. This section is designed and intended to balance the interests of the residents of Augusta-Richmond County, telecommunications providers and telecommunications customers in the siting of telecommunications facilities within Augusta, 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. Attachment number 1 Page 118 of 164 Item # 6 28 - A - 2 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. Attachment number 1 Page 119 of 164 Item # 6 28 - A - 3 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 Attachment number 1 Page 120 of 164 Item # 6 28 - A - 4 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 Attachment number 1 Page 121 of 164 Item # 6 28 - A - 5 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 Attachment number 1 Page 122 of 164 Item # 6 28 - A - 6 (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); Attachment number 1 Page 123 of 164 Item # 6 28 - A - 7 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: Attachment number 1 Page 124 of 164 Item # 6 28 - A - 8 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 Attachment number 1 Page 125 of 164 Item # 6 28 - A - 9 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. Attachment number 1 Page 126 of 164 Item # 6 28 - B - 1 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. Attachment number 1 Page 127 of 164 Item # 6 28 - B - 2 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 Attachment number 1 Page 128 of 164 Item # 6 28 - B - 3 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. Attachment number 1 Page 129 of 164 Item # 6 28 - B - 4 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 Attachment number 1 Page 130 of 164 Item # 6 28 - B - 5 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. Attachment number 1 Page 131 of 164 Item # 6 28 - B - 6 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 Attachment number 1 Page 132 of 164 Item # 6 28 - B - 7 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 Attachment number 1 Page 133 of 164 Item # 6 28 - B - 8 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). Attachment number 1 Page 134 of 164 Item # 6 28 - B - 9 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 Attachment number 1 Page 135 of 164 Item # 6 28 - B - 10 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 Attachment number 1 Page 136 of 164 Item # 6 28 - B - 11 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; Attachment number 1 Page 137 of 164 Item # 6 28 - B - 12 • 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. Attachment number 1 Page 138 of 164 Item # 6 28 - B - 13 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. Attachment number 1 Page 139 of 164 Item # 6 28 - B - 14 28-B-11 O-COFORMIG SIGS. Nothing contained herein shall be construed to ratify or approve the erection and/or maintenance of any sign which was erected in violation of any prior Ordinance, and any sign so erected shall be subject to removal as provided in this Subsection. Signs that were in existence and were constructed in compliance with the terms of any prior Ordinance but do not conform to the provisions of this Section are hereby designated as legal nonconforming signs. Signs which become legal nonconforming uses as the result of this Section may continue under the general standards for nonconformity in Section 5. They may be maintained and repaired but they may not be enlarged, heightened, or illuminated (if not currently illuminated). All signs defined herein as temporary signs, attention getting devices, or banners must either be permitted as temporary signs or removed prior to January 1, 2001. Any existing sign which qualifies for permitting as a temporary sign must be permitted and a decal attached no later than January 1, 2001. Non-conforming signs (permanent and temporary) not permitted as prescribed above, shall become illegal signs and the 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 Attachment number 1 Page 140 of 164 Item # 6 28 - B - 15 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 Attachment number 1 Page 141 of 164 Item # 6 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 Attachment number 1 Page 142 of 164 Item # 6 28-C - 2 depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising five (5) percent of its total floor space, devoted to the sale of display of such material or which derives more than five (5) percent of its net sales from videos which are characterized or distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. (g) Erotic dance establishment. A nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis or specified sexual activities or specified anatomical areas. (h) Escort bureau; introduction services. Any business, agency or persons who, for a fee, commission, hire, reward, or profit, furnish or offer to furnish names of persons, or who introduce, furnish or arrange for persons who may accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place of public resort or within any private quarters. (i) Good moral character. A person is of good moral character according to this chapter if that person has not been convicted of a felony involving serious sexual misconduct, or a crime not a felony if it involves serious sexual misconduct, in the past five (5) years. Conviction shall include pleas of nolo contendere or bond forfeiture when charged with such crime. (j) Reserved. (k) Reserved. (l) Minor. For the purposes of this Chapter, any person who has not attained the age of eighteen (18) years. (m) Permitted premises. The business location for which a permit and a Business Tax Certificate has been issued to operate an adult entertainment establishment. (n) Specified sexual activities. Shall include any of the following: (1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship in any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or (2) Clearly depicted human genitals in a state of sexual stimulation, arousal or turmescence; or Attachment number 1 Page 143 of 164 Item # 6 28-C - 3 (3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or (4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or (5) Masochism, erotic or sexually oriented torture, beating of the infliction of pain; or (6) Erotic or lewd touching, fondling or other sexual contact with an animal by human being; or (7) Human excretion, urination, menstruation, vaginal or anal irrigation. (o) Specified anatomical areas. Shall include any of the following: (1) Less than completely and opaquely covered human genitals or pubic region; buttock; or female breast below a point immediately above the top of the areola; or (2) Human male genitalia in a discernibly turgid state, even if completely and opaquely covered. 28-C-3 LOCATIO. No adult entertainment establishments shall be located in any zone other than one designated as "LI" Light Industrial or "HI" Heavy Industrial under the Comprehensive Zoning Ordinance for Richmond County, as incorporated in the Augusta-Richmond County Code, Title 8, Chapter 5. In addition, no adult entertainment establishment or use restricted hereunder shall be located; (a) within 1,000 feet of: (1) A church or place of religious worship; (2) A public or private elementary or secondary school; (3) A child care facility; (4) A boundary of a residential district as defined in the Comprehensive Zoning Ordinance. (5) A public park; (6) A cemetery; (7) The property line of a lot devoted to a residential use as defined in the Comprehensive Zoning Ordinance; (8) Another sexually oriented business which does not have a common entrance with an already licensed or exempted sexually oriented business; or Attachment number 1 Page 144 of 164 Item # 6 28-C - 4 (9) A governmental building or site, which shall be defined as all public buildings, parks, and recreational areas owned, operated or occupied by Augusta. (10) Another sexually oriented business. (11) Within the parameters of an area designated as an Augusta gateway/corridor in the Corridor/Gateway Action Plan (2000), as presently existing or hereafter modified, adopted by the Augusta Commission and on file in the office of the Clerk of the Commission. Gateways and Corridors are defined as follows: a. Gordon Highway/Doug Barnard Parkway Gateway - All property located within 1000 feet of the intersection of the centerlines of these roadways; b. I-20/Riverwatch Parkway Gateway - All property located within 2000 feet of the intersection of the centerlines of these roadways; and c. Peach Orchard Road/Gordon Highway Corridor - All property located within 1000 feet of the centerline of the following roadways: Peach Orchard Road from Tobacco Road to Gordon Highway, and Gordon Highway from Peach Orchard Road to Walton Way. (b) A person commits an offense if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure, or its portion, or the increase of floor area of any sexually oriented business in any building, structure, or its portion, containing another sexually oriented business. (c) For the purposes of subsection (a)(1) through (9) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or place of religious worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, a cemetery, residential district or residential lot. (d) For purposes of subsection (c) (10) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (e) Any sexually oriented business lawfully operating as of January 1, 1996 that is in violation of subsections (a), (b) or (c) of this section shall be deemed a nonconforming use. Such use will be permitted to continue for a period not to exceed one year unless sooner terminated for any such reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business is nonconforming. (f) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented Attachment number 1 Page 145 of 164 Item # 6 28-C - 5 business license, of a church or place of religious worship, public or private elementary or secondary school, governmental building or site, cemetery, residential district or residential lot within 1,000 feet of the sexually oriented business. This subsection applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked. Attachment number 1 Page 146 of 164 Item # 6 28-D - 1 SECTIO 28 D COSERVATIO SUBDIVISIOS 28-1 As Permitted Uses - Conservation subdivisions shall be permitted uses by right in the Agricultural (A) Zone and in the following single-family residential zones: R-1, R-1A, R-1B, and R-1C if no lot is less than 60% of the minimum lot size permitted in the Zoning Classification, subject to the requirements of this Chapter. 28-2 As Special Exceptions - Conservation subdivisions where one or more lots are 60% or less of the minimum lot size permitted in the Zoning Classification may be approved by Special Exception in the A, and R-1, R-1A, R-1B and R-1C Zones. Procedures for approving conservation subdivisions as Special Exceptions shall be as established in Section 26. Approval shall be granted on the basis of a specific plan and its consistency with the Comprehensive Plan, planning principles, and the general development pattern in the area. 28-3 The Planning Commission may grant variances from the requirements found at 28-4 through 28-12 if they are consistent with the Comprehensive Plan, planning principles, and the general development pattern in the area. 28-4 Tract Size - The minimum size tract which can be developed as a conservation subdivision shall be 20 acres. 28-5 Greenspace Requirements - A minimum of 40% of the overall acreage of the tract shall be permanently protected as greenspace. If property that could be developed under the present federal, state, and local statutes, rules, and regulations in the opinion of the 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. Attachment number 1 Page 147 of 164 Item # 6 28-D - 2 Other uses found to be compatible with the intent of this section by the Planning Commission. 28-7 Buffers - Where a conservation subdivision is contiguous to an single-family residential zone or single-family residential use that is not part of a conservation subdivision, a buffer strip with a minimum width of 30 feet shall be provided. If a lot in the conservation subdivision adjacent to the contiguous single-family residential zone or area is 80 percent or more of the minimum lot size required in the adjacent zone or area the buffer need not be provided adjacent to such lot. This buffer strip shall be part of the required greenspace and provided for in the greenspace management plan, and it shall conform to the standard for protection in Subsection 8-4-11 (e)(9) of the Augusta- Richmond County Tree Ordinance. 28-8 Lots - The portion of a conservation subdivision that is not devoted to greenspace shall be developed as lots and the related streets, utilities, retention facilities, etc. There shall be no minimum lot size, but housing must be detached and the total number of lots shall not exceed the number of lots that would be permitted by the base zoning classification in the opinion of the Planning Commission. 28-9 Setbacks A) Front setbacks shall be as provided for in the R-1 zone, except that variances for lesser setbacks may be granted by the Planning Commission on an overall project basis depending on the nature of the proposal, the surrounding development pattern, the relationship to the Comprehensive Plan, site conditions, and general planning principles. B) Side Setbacks - the minimum side setback shall be five feet except that greater setbacks may be required to conform to fire codes. C) Rear Setbacks - the minimum rear setback is 25 feet, unless a lot is situated in such a way that the rear lot line is adjacent to a greenspace area, in which case the minimum rear setback is ten (10) feet. D) The setback for community recreational facilities shall be set by the Planning Commission on a case by case basis, but the minimum setback from any exterior property line shall be 30 feet. 28-10 Lot Coverage - The maximum lot coverage, including main buildings and other incidental structures shall be 50% per lot. 28-11 Building Height - shall be as provided for in Subsection 8-6 of this Ordinance. 28-12 Home Occupations - may be permitted pursuant to the provisions of Section 8-3 of this Ordinance. 28-13 Accessory Buildings - shall be permitted pursuant to the provisions to Section 8-4 of this Ordinance. 28-14 TV Satellite Dishes - shall be permitted as accessory uses subject to the provisions of Section 8-5.1 of this Ordinance. Attachment number 1 Page 148 of 164 Item # 6 29 - 1 SECTIO 29 EXCEPTIOS AD MODIFICATIOS 29-1 Public utilities and public services: The provisions of this Ordinance shall not be construed so as to limit or interfere with the construction, installation, operation and maintenance for public utility purposes, of water and gas pipes, mains and conduits, electric light and electric power transmission and distribution lines, telephone and telegraph lines, oil pipe lines or sewer mains, nor with incidental appurtenances such as relay boxes, etc. 29-2 Height: (a) DELETED. (b) Through lots one hundred fifty (150) feet or less in depth: The height of a building may be measured on such lots from the adjoining curb level on either street. (c) Through lots more than one hundred fifty (150) feet in depth: The height regulations and the basis of height measurements on such lots for the street permitting the greater height shall apply to a depth of not more than one hundred fifty (150) feet from the street. (d) Structures permitted above height limit: Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, steeples, roof signs, flagpoles, chimneys, smokestacks, wireless masts, water tanks, silos, gas containers, or similar structures may be erected above the height limits herein prescribed subject to other provisions of this Ordinance, but no penthouse nor roof structure or any space above the height limit shall be allowed for the purpose of providing additional enclosed space for residential, commercial, or industrial use. 29-3 Setbacks: (a) Yard regulations modified: Where the yard regulations cannot reasonably be complied with, or their application determined, on lots of peculiar shape, location, or topography, such regulations may be modified as determined by the Augusta, 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. Attachment number 1 Page 149 of 164 Item # 6 29 - 2 29-4 Projections into yards: (a) Porte-cocheres, carports: Such structures may be permitted over a driveway in a side yard, provided such structure is not more than one story in height and thirty (30) feet in length (including storage space), and is entirely open on at least two (2) sides except for the necessary supporting columns, provided, however, said structure does not extend within five (5) feet of the side lot line. (b) Eave or canopy: An eave, canopy, or other similar architectural feature may extend into any required yard not more than three (3) feet. (c) Open stairway and balcony: An open, unenclosed stairway or balcony, not covered by a roof or a canopy, may extend into a required front yard not more than three (3) feet. (d) Open porch: An open unenclosed porch, platform, or deck not covered by a roof or canopy, which does not extend above the level of the first floor of the building, may extend or project into any required yard not more than four (4) feet. 29-5 Minimum lot reduction for underground utilities: The minimum required lot area within an R-1 zoned subdivision may be reduced two percent (2%) when the subdivision is developed with all utilities underground. When such reduction occurs, a utility easement of one and one-half (1-1/2) feet shall be provided along the front property line. Amended June 2006, Section 29-4(b) Attachment number 1 Page 150 of 164 Item # 6 30 - 1 SECTIO 30 BUILDIG PERMITS AD SITE PLAS 30-1 Building Permit: Before a permit is issued for the erection, moving, alteration, enlargement, or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all aspects to the provisions of this Ordinance. 30-2 Site Plan: A building permit under the provisions of the building code of Augusta, Georgia for the purpose of constructing or expanding a structure that is not a single-family house or related thereto shall only be issued upon the presentation of a site plan that has been approved by the staff of the Augusta 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. Attachment number 1 Page 151 of 164 Item # 6 31 - 1 SECTIO 31 CERTIFICATE OF OCCUPACY 31-1 A Certificate of Occupancy shall be required for any of the following: (a) Occupancy and use of a building hereafter erected or enlarged. (b) Change in use of an existing building to a different use. (c) Occupancy and use of vacant land except for the raising of crops. (d) Any change in nonconforming use. (e) After submitting plans and specifications to the Building Inspector and upon issuance of a building permit, the builders will have complied with this Ordinance for all purposes, provided said building is constructed in accordance with said plans and specifications. (f) No such occupancy, use or change of use shall take place until a Certificate of Occupancy has been issued by the Augusta Planning and Development Department. Attachment number 1 Page 152 of 164 Item # 6 32 - 1 SECTIO 32 EFORCEMET AD PEALTIES 32-1 It shall be the duty of the Chief Building Official to enforce the provisions of this Ordinance in the manner and form and with the powers provided in the laws of the State and Ordinances of the Augusta Commission. 32-2 All commissions, boards, departments, officials, and employees of Augusta which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Ordinance and shall issue no permit or license for any use, building, or purpose if the same would be in conflict with the provisions of this Ordinance. Any permit or license issued in conflict with the provisions of this Ordinance shall be null and void. 32-3 The erection, construction, alteration, addition, conversion, moving or maintenance of any building or structure and the use of any land or building which is continued, operated, or maintained, contrary to any provisions of this Ordinance is hereby declared to be a violation of this Ordinance and unlawful. The Attorney of the Augusta Commission shall immediately, upon any such violation having been called to his attention, institute injunction, abatement, or any other appropriate action to prevent, enjoin, abate, or remove violation. Such action may also be instituted by any property owner who may be damaged by any violation of this Ordinance. The remedy provided for herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law. 32-4 Any person or corporation whether as principal, agent, employee, or otherwise who violates any provision of this Ordinance shall be guilty of an offense and upon conviction shall be punished by a fine in an amount not to exceed five hundred dollars ($500) and/or imprisonment for a period not to exceed sixty (60) days. Cases shall be tried in Magistrate's Court. Attachment number 1 Page 153 of 164 Item # 6 33 - 1 SECTIO 33 BOARD OF ZOIG APPEALS 33-1 Authorization: Established by virtue of the Home Rule Provision of the Constitution of the State of Georgia of 1983 and codified by an Ordinance of the Augusta Commission dated March 18, 1997. The Board of Zoning Appeals for the Augusta Commission shall be hereinafter referred to as the "Appeals Board". 33-2 Membership: The Appeals Board shall consist of ten (10) members each of whom shall reside in one of the ten districts of Augusta. 33-3 General Provisions: The Board of Zoning Appeals shall elect one (1) of its members as Chairman, who shall serve a one (1) year term or until a successor is elected. The Chairman may succeed himself. (a) The Chairman shall have the power to vote on matters before the Appeals Board only when his vote will change the result. (b) The Appeals Board shall appoint a secretary who may be an official or employee of either Augusta Commission or of the 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. Attachment number 1 Page 154 of 164 Item # 6 33 - 2 (2) Publish once in a newspaper of general circulation in Augusta a "Notice of Public Hearing" on the appeal. Such notice shall be published at least fifteen (15) days prior to the date of the hearing and shall indicate the time and place of the hearing and the nature of the appeal to be considered by the Appeals Board. (3) Send postal cards or letters to the property owners of record whose property lies within a 300-foot radius of the property subject to the appeal, giving notice of the time, place, and nature of the appeal. (4) Upon the Hearing, any party may appear in person, by agent, or attorney. 33-5 Powers of Appeals Board: (a) To hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the Zoning Ordinance adopted by the Augusta Commission pursuant to this Ordinance. (b) To hear and decide requests to place manufactured homes as second living units on properties for no longer than one (1) year, on the basis of hardship. (c) To authorize upon appeal in specific cases such variance from the terms of the Zoning Ordinance as will not be contrary to the public interest, where owing to special conditions, literal enforcement of the provisions of the Zoning Ordinance will, in an individual case, result in an unnecessary hardship, so that the spirit of the Zoning Ordinance shall be preserved, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual cases of unnecessary hardship upon finding by the Appeals Board that: (1) There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography; and (2) The application of the Zoning Ordinance to this particular piece of property would create an unnecessary hardship; and (3) Such conditions are peculiar to the particular piece of property involved; and (4) Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of the Zoning Ordinance; provided, however, that no variance may be granted for a use of land or building or structure which is prohibited by the Zoning Ordinance. (d) To authorize the operation of certain businesses as home occupations pursuant to regulations promulgated by the Augusta Commission. (e) In exercising the above powers, the Appeals Board may, in conformity with the provisions of this section, reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination; and to that end, shall have all of the powers of the officer from whom the appeal is taken and may issue or direct issuance of a permit. When a variance is granted that would require the issuance of a building permit, an individual granted a variance by the Appeals Board has a period of one year from the date of approval to obtain a building permit. Anyone that fails to obtain a building permit within the one year period forfeits the variance right previously granted. (f) An appeal that is denied by the Appeals Board cannot be reheard for a period of one year unless the Appeals Board unanimously grants this privilege. Attachment number 1 Page 155 of 164 Item # 6 33 - 3 33-6 Appeal from decision of Appeals Board: Any person or person severally or jointly aggrieved by any decision of the Appeals Board or with any official charged with the enforcement of any order, requirement, or decision of said Board may appeal said decision to the Superior Court of Richmond County, Georgia. The procedure for said appeal shall be the same as an appeal to the Superior Court from any decision made by the Probate Court as provided by the laws of Georgia, except that said appeal shall be filed within thirty (30) days from the date of the decision of the Appeals Board or any official charged with the enforcement of any order, requirement, or decision in connection therewith; and upon failure to file said appeal within thirty (30) days, the decision of the Appeals Board shall be final. Attachment number 1 Page 156 of 164 Item # 6 34 - 1 SECTIO 34 ZOIG MAPS 34-1 COTET. The official zoning maps of Augusta shall be a layer of the Geographic Information System which shall contain the boundaries of the various zoning districts of the City. The Official Zoning Maps as defined herein are hereby duly incorporated as an indispensable part of the Comprehensive Zoning Ordinance. 34-2 RELATIOSHIP TO PREVIOUS MAPPIG. The zoning classifications established by the adoption of the Comprehensive Zoning Ordinance on March 25, 1963, reconfirmed on November 15, 1983, and thereafter duly amended prior to the effective date of this amendment will be the zoning classification represented on the Official Maps as identified by this Amendment at its adoption. The zoning classification of properties in Augusta and the regulation of the uses of those properties shall not in any way be changed by this amendment. 34-3 LOCATIO AD METHOD OF DISPLAY. The official zoning maps shall be available for inspection by the public at the office of the Augusta 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. Attachment number 1 Page 157 of 164 Item # 6 35 - 1 SECTIO 35 AMEDMETS TO THIS ORDIACE 35-1 Review of Proposed Amendments: This Ordinance, including the map or maps, may be amended from time to time, but no amendment shall become effective unless it shall have been proposed by, or first submitted to the Planning Commission for review and recommendation. 35-2 Procedures for Public Hearing: (a) The Planning Commission shall conduct, on behalf of the Augusta Commission, all public hearings on proposed amendments to this Ordinance and maps. (b) At least 15 but not more than 45 days prior to the date of the hearing, the Planning Commission shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing. The notice shall state the time, place, and purpose of the hearing. If a zoning decision of a local government is for the rezoning of property and the rezoning is initiated by a party other than the local government then: (1) The notice shall include the location of the property, the present zoning classification of the property, and the proposed zoned classification of the property; and (2) A sign indicating the present zoning classification and the proposed zoning classification shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing. (c) The Recommendations of the Planning Commission shall be submitted to the governing body having jurisdiction within thirty (30) days. If the Planning Commission fails to submit a report within the thirty-day period, it shall have deemed to approve the proposed amendment. 35-3 Application for Amendment: Each application to amend this Ordinance, including the map or maps, shall be filed with the 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 Attachment number 1 Page 158 of 164 Item # 6 35 - 2 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 Attachment number 1 Page 159 of 164 Item # 6 35 - 3 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: Attachment number 1 Page 160 of 164 Item # 6 35 - 4 (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 Attachment number 1 Page 161 of 164 Item # 6 35 - 5 SECTIO 36 EFFECTIVE DATE 36-1 This Ordinance shall take effect on September 16, 1997. Attachment number 1 Page 162 of 164 Item # 6 37 - 1 SECTIO 37 SEVERACE CLAUSE 37-1 If any section, clause, provision, or portion of this Ordinance shall be ruled invalid or unconstitutional by any Court or competent jurisdiction, such decision shall not affect any other section, clause, provision, or portion of this Ordinance. Attachment number 1 Page 163 of 164 Item # 6 37 - 2 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 Page 164 of 164 Item # 6 LAND SUBDIVISION REGULATIONS FOR AUGUSTA, GEORGIA Development Document #3 Augusta Planning & Development Department Updated – July 2011 Attachment number 2 Page 1 of 45 Item # 6 TABLE OF CONTENTS Page ARTICLE I General Section 100. Short Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 101. Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 102. Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 103. Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 104. Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 105. Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 106. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE II Procedure for Approval of Subdivision Plats Section 200. Pre-Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 201. Approval of Development Plan. . . . . . . . . . . . . . . . . 9 Section 202. Approval of Final Plat. . . . . . . . . . . . . . . . . . . . . . . . 11 Section 203. Performance Guarantee .. 15 ARTICLE III Requirements for Development Plans and Final Plats and Provisions for Inspection Section 300. Development Plan - Size and Scale of Drawings. . . . 19 Section 301. Development Plan - To Show Overall Development . 19 Section 302 Development Plan - Data Information to be Included. 19 Section 303 Development Plan - Utilities, Drainage, and Street Improvements . . . . . . . . . . . . . . . 24 Section 304 Pre-Construction Conference . . . . . . . . . . . . . . . . 25 Section 305. Development Plan - Inspection . . . . . . . . . . . . . . . . 25 Section 306. Final Plat - Size and Scale of Drawings . . . . . . . . . . 25 Section 307. Final Plat - Information to be Included. . . . . . . . . . . . 25 Section 308. Survey and Plat Standards. . . . . . . . . . . . . . . . . . . . 27 ARTICLE IV Design Standards Section 400. General Standards for Streets . . . . . . . . . . . . . . . . . 31 Section 401. General Standards for Curbing. . . . . . . . . . . . . . . . . 32 Section 402. Markers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 403. General Standards for Drainage and Easements . . . 33 Section 404. Sidewalks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 405. Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 406. Subdivision Name. . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Attachment number 2 Page 2 of 45 Item # 6 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 Page 3 of 45 Item # 6 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: Attachment number 2 Page 4 of 45 Item # 6 1 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. Attachment number 2 Page 5 of 45 Item # 6 2 G. To help prevent the spread of urban blight and slums and to promote a safe and healthy environment. H. To assure adequate identification of property on the public records. I. To encourage, in general, the wise development of the community in harmony with the Comprehensive Plan, and for other purposes. Section 104. Application. Within the jurisdiction of these Regulations, except as hereinafter provided, no subdivision shall be made, platted, or recorded for purpose of sale, nor shall parcels resulting from such subdivision be sold or offered for sale, unless such subdivision meets all the requirements of these Regulations and has been approved by the 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 Attachment number 2 Page 6 of 45 Item # 6 3 conforming to Articles II, III and IV. At the discretion of the Executive Director, compliance with Articles II, III and IV in whole or in part may be required. The public or private acquisition of strips of land for the widening or opening of streets. The trading or exchanging of portions of previously platted and recorded properties which are contiguous and which necessitate the creation of parcels not conforming to the requirements of these Regulations provided that a statement is placed on the plat to be recorded to the effect that such parcels are not created as individual building lots, and are not approved as such, and that no building permit shall be issued for construction on such parcels. Section 106. Definitions. Words and phrases used in these Regulations shall have the meaning or meanings set forth as follows. Words or phrases not herein defined shall have their customary dictionary meanings where such meanings are not inconsistent with the context and intent of these Regulations. When not inconsistent with the context and intent of these Regulations, words used in the singular shall include the plural and words used in the present tense shall include the future. The terms "shall" or "will" are mandatory, the word "may" is permissive. Building: A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals, or chattels. When separated without connections, each portion of such building shall be deemed a separate building. Building Line, Front: A line parallel to the front property line in front of which no structure shall be erected between the front building line and the front property line. Building Line, Rear: A line parallel to the rear property line, behind which no structure shall be erected between the rear building line and the rear property line. Building Line Setback: The distance between the building line and the right-of-way line/property line in a district, lot, tract, or parcel of land. Building Line, Side: A line parallel to each side property line beyond which no structure shall be erected between the side building line and the side property line. Building, Main: "Main Building" means a building in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the lot on which the same is situated. Main building, when used with reference to ground coverage, shall mean the dimensions of the dwelling with the porches and garages excluded. Building Permit: A written permit issued by the Chief Building Official of Augusta, Georgia. Commission: The Augusta Commission. Attachment number 2 Page 7 of 45 Item # 6 4 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. Attachment number 2 Page 8 of 45 Item # 6 5 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. Attachment number 2 Page 9 of 45 Item # 6 6 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. Attachment number 2 Page 10 of 45 Item # 6 7 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. Attachment number 2 Page 11 of 45 Item # 6 8 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 Page 12 of 45 Item # 6 9 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 Page 13 of 45 Item # 6 10 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 Attachment number 2 Page 14 of 45 Item # 6 11 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. Attachment number 2 Page 15 of 45 Item # 6 12 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. Attachment number 2 Page 16 of 45 Item # 6 13 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. Attachment number 2 Page 17 of 45 Item # 6 14 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 Page 18 of 45 Item # 6 15 Q. A descriptive note describing any permanent or temporary Best Management Practices (BMP's) used to impact or target Water Quality. Attachment number 2 Page 19 of 45 Item # 6 16 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 # 6 17 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 Page 21 of 45 Item # 6 18 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 Page 22 of 45 Item # 6 19 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 Page 23 of 45 Item # 6 20 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 Page 24 of 45 Item # 6 21 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. Attachment number 2 Page 25 of 45 Item # 6 22 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 & Attachment number 2 Page 26 of 45 Item # 6 23 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." Attachment number 2 Page 27 of 45 Item # 6 24 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. Attachment number 2 Page 28 of 45 Item # 6 25 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. Attachment number 2 Page 29 of 45 Item # 6 26 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 Attachment number 2 Page 30 of 45 Item # 6 27 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. Attachment number 2 Page 31 of 45 Item # 6 28 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. Attachment number 2 Page 32 of 45 Item # 6 29 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: Attachment number 2 Page 33 of 45 Item # 6 30 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 Attachment number 2 Page 34 of 45 Item # 6 31 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. Attachment number 2 Page 35 of 45 Item # 6 32 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 Attachment number 2 Page 36 of 45 Item # 6 33 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. Attachment number 2 Page 37 of 45 Item # 6 34 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. Attachment number 2 Page 38 of 45 Item # 6 35 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. Attachment number 2 Page 39 of 45 Item # 6 36 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 Attachment number 2 Page 40 of 45 Item # 6 37 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. Attachment number 2 Page 41 of 45 Item # 6 38 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. Attachment number 2 Page 42 of 45 Item # 6 39 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. Attachment number 2 Page 43 of 45 Item # 6 40 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. Attachment number 2 Page 44 of 45 Item # 6 41 If a request for a variance to the Subdivision Regulations is approved by the Planning Commission then the applicant or their representative must file the plat and/or any related documents to the variance within one (1) year of the approval of the variance or the variance shall no longer be valid. Section 601. Penalty. Any person or corporation whether as principal, agent, employee, or otherwise who violates any provision of this Ordinance shall be guilty of an offense and upon conviction shall be punished as provided in Augusta, GA Code § 1-6-1. Section 602. Amendments. A. Amendments to these Regulations shall be proposed by the Augusta Planning & Development Department shall be submitted to the Planning Commission for approval before being adopted by the Commission. B. Augusta, Georgia, may adopt amendments to these Regulations, providing that a public hearing thereon shall first be held by the Planning Commission, public notice of which hearing shall be given at least fifteen (15) days prior to such hearing. C. No amendment, failing passage at its first consideration by the Commission, shall be resubmitted for a period of one (1) year. Section 603. Repeal. Previous "Subdivision Regulations for the Municipality and Unincorporated Areas of Richmond County, Georgia" are hereby repealed. Section 604. Severability. Any clause or provision of these Regulations declared invalid by any court having jurisdiction shall not affect the validity of the Regulations as a whole or any other part thereof. Section 605. Effective Date. These Regulations shall become effective on _______________. Adopted this ____ day of ___________, 20___ ________________________________________ Deke Copenhaver, Mayor Augusta, Georgia ATTEST: First Reading ______________________ _________________________________ Lena J. Bonner, Clerk of Commission Second Reading ____________________ Attachment number 2 Page 45 of 45 Item # 6 1 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. Attachment number 3 Page 1 of 23 Item # 6 2 (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. Attachment number 3 Page 2 of 23 Item # 6 3 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 Attachment number 3 Page 3 of 23 Item # 6 4 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 Attachment number 3 Page 4 of 23 Item # 6 5 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 Attachment number 3 Page 5 of 23 Item # 6 6 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. Attachment number 3 Page 6 of 23 Item # 6 7 § 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. Attachment number 3 Page 7 of 23 Item # 6 8 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 Attachment number 3 Page 8 of 23 Item # 6 9 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; Attachment number 3 Page 9 of 23 Item # 6 10 (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; Attachment number 3 Page 10 of 23 Item # 6 11 (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 Attachment number 3 Page 11 of 23 Item # 6 12 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) Attachment number 3 Page 12 of 23 Item # 6 13 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. Attachment number 3 Page 13 of 23 Item # 6 14 § 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 Attachment number 3 Page 14 of 23 Item # 6 15 (3) the time and place of the Historic Preservation Commission meeting where the application is to be considered. The sign may contain such other information as the Historic Preservation Commission may deem appropriate. The overall design and size of such sign shall be of such character as to be likely to attract the eye of passersby. (b) At its discretion, the Historic Preservation Commission may, in its bylaws, or on a case by case basis, undertake to provide such other notice as it deems appropriate. § 7-4-23. ITERIOR ALTERATIOS. In review of applications for Certificates of Appropriateness, the Historic Preservation Commission shall not consider interior arrangement, use or decoration, having no effect on exterior architectural features, whether or not visible from the exterior of the structure. § 7-4-24. TECHICAL ADVICE. When dealing with difficult technical questions, the Historic Preservation Commission shall have the power to seek technical advice from outside its members on any application and within approved budgetary limitations. § 7-4-25. DEADLIE FOR APPROVAL OR REJECTIO OF APPLICATIO FOR CERTIFICATE OF APPROPRIATEESS. (a) The Commission shall approve or reject an application for a Certificate of Appropriateness within forty-five (45) days after the filing thereof by the owner or occupant of a historic property or structure, site, object or work of art located within a historic district. Evidence of approval shall be by a Certificate of Appropriateness issued by the commission. Notice of the issuance or denial of A Certificate of Appropriateness shall be rent via United States Mail to the applicant. (b) Failure of the Historic Preservation Commission to act within said forty- five (45) days shall constitute approval, and no other evidence of approval shall be needed. § 7-4-26. ECESSARY ACTIOS TO BE TAKE BY COMMIS SIO UPO REJECTIO OF APPLICATIO FOR CERTIFICATE OF PPROPRIATEESS. (a) In the event the Historic Preservation Commission rejects an application for a Certificate of Appropriateness, it shall state its reasons for doing so, and shall transmit a record of such actions and reasons in writing to the applicant. The Historic Preservation Commission may suggest alternatives it believes would ensure approval if it disapproves of the application as submitted. The applicant, if he or she so desires, may make modifications to the plans and, after making such modifications, may re-submit the application at any time after doing so. Rejected applications, unless modified in a good faith effort to comply with the provisions of this Chapter and the findings of the Historic Attachment number 3 Page 15 of 23 Item # 6 16 Preservation Commission, may not be re-submitted for one (1) year following rejection. (b) In cases where the application for a Certificate of Appropriateness concerns a proposed change in a structure which would require the obtention of a building permit, the rejection of the application for a Certificate of Appropriateness by the Historic Preservation Commission shall be binding upon the building inspector or other administrative officer charged with issuing building permits and, in such a case, no building permit shall be issued. § 7-4-27. UDUE HARDSHIP. Where, by reason of unusual circumstances, the strict application of any provision of this Chapter would result in exceptional practical difficulty or undue economic hardship upon any owner of a specific property, the Historic Preservation Commission, in passing upon applications, shall have the power to vary or modify strict adherence to said provisions, or to interpret the meaning of said provisions, so as to relieve such difficulty or hardship; provided such variances, modifications or interpretations shall remain in harmony with the general purpose and intent of said provisions so that the architectural or historical integrity, or character of the property, shall be conserved and substantial justice done. In granting variances, the Commission may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this Chapter. An undue hardship shall not be a situation of the person's own making. § 7-4-28. REQUIREMET OF COFORMACE WITH CERTIFI CATE OF APPROPRIATEESS. (a) All work performed pursuant to an issued Certificate of Appropriateness shall conform to the requirements of such certificate. In the event work is performed not in accordance with such certificate, such work will constitute a violation of this Chapter and the Historic Preservation Commission shall issue a cease and desist order and all work shall cease. (b) Where this ordinance would require the obtention of a Certificate of Appropriateness and work upon a structure is undertaken without a Certificate of Appropriateness having been obtained, such work will constitute a violation of this Chapter and the Historic Preservation Commission shall issue a cease and desist order and all work shall cease. (c) Work which constitutes a violation of § 7-4-28 (a) or (b) above or the failure to obey a cease and desist order issued pursuant to this Chapter shall constitute a separate and continuing violation of this Chapter. (d) The Commission or the Historic Preservation Commission shall be authorized to institute any appropriate action or proceeding in any court of competent jurisdiction to prevent any material change in the appearance of a designated historic property or property within a historic district, not made in compliance with the provisions of this Chapter or to prevent any illegal act or conduct with respect to such historic property or historic district. Attachment number 3 Page 16 of 23 Item # 6 17 (e) The Commission, including its various departments, authorities, commissions, committees and boards, shall be bound by the requirements of this article. § 7-4-29. CERTIFICATE OF APPROPRIATEESS VOID IF WORK OT COMMECED. A Certificate of Appropriateness shall become void unless work is commenced within six (6) months of the date of issuance. Certificates of Appropriateness shall be issued for a period of eighteen (18) months and are renewable. § 7-4-30. RECORDIG OF APPLICATIOS FOR CERTIFICAT E OF APPROPRIATEESS. The Commission shall keep a public record of all applications for Certificates of Appropriateness, and of all the Commission's proceedings in connection with said applications in the fashion provided at § 7-4-22 above. § 7-4-31. FEE TO ACCOMPAY A APPLICATIO FOR A CERTIFICATE OF APPROPRIATEESS. The Commission, in its by-laws, may require a reasonable fee to accompany an application for a Certificate of Appropriateness. § 7-4-32. APPEALS. (a) Any person affected by any determination made by the Historic Preservation Commission relative to the issuance or denial of a Certificate of Appropriateness may appeal such determination to the Commission. Any such appeal must be filed in writing with the Clerk of Commission within thirty (30) days after the issuance of the determination pursuant to § 7-5-25 (a) of this Chapter. The dates in this subsection are determined from the date of the posting of said notice in the United States Mail. (b) In the case of a failure of the Historic Preservation Commission to act, within fifteen (15) days of the expiration of the forty-five (45) day period allowed for Historic Preservation Commission action pursuant to § 7-5-25 (b) of this Chapter. The Commission may affirm the determination made by the Historic Preservation Commission, said application shall be deemed approved pursuant to § 7-4-25 (b) of this Chapter. (c) After timely filing of an appeal to the Augusta Commission and prior to any assignment of the appeal for hearing on any agenda of the Augusta Commission, the appealing party shall submit the case to mediation. (d) The mediator shall be a person chosen by the agreement of the appealing party and the Historic Preservation Commission. In the event the appealing party and the Historic Preservation Commission cannot agree upon the appointment of a mediator, the mediator shall be the Executive Director of the Augusta Planning & Development Department or his/her designee. Attachment number 3 Page 17 of 23 Item # 6 18 (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. Attachment number 3 Page 18 of 23 Item # 6 19 ARTICLE 5 DEMOLITIO OR RELOCATIO OF A HISTORIC PROPERTY OR PROPERTIES WITHI A HISTORIC DISTRICT § 7-4-33. APPLICATIOS FOR CERTIFICATES OF APPROPR IATEESS FOR DEMOLITIO OR RELOCATIO. The Historic Preservation Commission shall have the authority to approve, approve with conditions, or deny Certificates of Appropriateness for demolition or relocation. The proposed demolition or relocation of all or any portion of a historic property or property within a historic district shall require the obtention of a Certificate of Appropriateness for demolition or relocation. § 7-4-34. PUBLIC HEARIG. A public hearing shall be scheduled for each application for a Certificate of Appropriateness for demolition or relocation. § 7-4-35. OTICE OF PUBLIC HEARIG PURSUAT TO A APPLICATIO FOR CERTIFICATE OF APPROPRIATEESS FOR DEMOLITIO OR RELOCATIO. Notice as provided for at § 7-4-22 above shall be provided in the context of an application for a Certificate of Appropriateness for demolition or relocation, and, in addition, notice of such public hearing containing the information as described at § 7-4- 22 above shall be published in at least one (1) issue of the official legal organ of Augusta- Richmond County not less than five (5) nor more than thirty (30) days prior to the date set for the public hearing. § 7-4-36. VIOLATIO. The demolition or relocation of a historic property, or property within a historic district without the obtention of a Certificate of Appropriateness shall constitute a violation of this Chapter of a high and aggravated nature. § 7-4-37. COSIDERATIO OF POST-DEMOLITIO OR POST - RELOCATIO PLAS. The Historic Preservation Commission shall not grant Certificates of Appropriateness for demolition or relocation without having first reviewed the post- demolition or post-relocation plans for the site. Attachment number 3 Page 19 of 23 Item # 6 20 § 7-4-38. DEMOLITIO/RELOCATIO CRITERIA. Upon receipt of an application for a Certificate of Appropriateness for demolition or relocation, the Historic Preservation Commission shall apply the criteria described in § 7-4-18 of this Chapter to determine whether to grant or deny the application for a Certificate of Appropriateness for demolition or relocation. § 7-4-39. FEE TO ACCOMPAY APPLICATIO FOR CERTIF ICATE OF APPROPRIATEESS FOR DEMOLITIO OR RELOCATIO. The Historic Preservation Commission, in its by-laws, may require a reasonable fee to accompany an application for a Certificate of Appropriateness for demolition or relocation. § 7-4-40. BIDIG UPO THE COMMISSIO. The Commission, including its various departments, authorities, commissions, committees and boards shall be bound by the requirements of this article. § 7-4-41 thru § 7-4-50 RESERVED. Attachment number 3 Page 20 of 23 Item # 6 21 ARTICLE 6 MAITEACE OF HISTORIC PROPERTIES AD BUILDIG AD ZOIG CODE PROVISIOS § 7-4-51. ORDIARY MAITEACE OR REPAIR. Ordinary maintenance or repair of any exterior architectural or environmental feature in or on a historic property or property within a historic district to correct deterioration, decay or damage, or to sustain the existing form, that does not involve a material change in design, materials or outer appearance thereof, does not require a Certificate of Appropriateness, and may be undertaken once approved by the designated staff person for the Commission without consultation with the Historic Preservation Commission. Any person considering a change to a historic building that is believed to constitute no more than ordinary maintenance or repair must consult the designated staff person to assure that in fact such change constitutes merely ordinary maintenance and repair. In the absence of the employment of a designated staff person, such approvals may be made by a member or members of the Historic Preservation Commission duly elected by the members of the Historic Preservation Commission. Ordinary maintenance includes exterior painting and/or a change in exterior paint color, and does not require a Certificate of Appropriateness or approval by the designated staff person. § 7-4-52. FAILURE TO PROVIDE ORDIARY MAITEACE OR REPAIR. Owners of historic properties or of properties within a historic district shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair. The Commission shall be charged with the following responsibilities regarding such deterioration by neglect: (a) The Historic Preservation Commission shall have the authority to monitor the condition of historic properties and properties within a historic district to determine if they are being allowed to deteriorate by neglect. Such conditions as broken windows, doors and openings which allow the elements and vermin to enter, the deterioration of exterior architectural features, or the deterioration of a building’s structural system shall constitute failure to provide ordinary maintenance or repair. (b) In the event the Historic Preservation Commission determines that there has been a failure to provide ordinary maintenance or repair, the Historic Preservation Commission will notify the owner of the property and set forth the steps necessary to comply with the provisions of this Section. The owner of such property will have ten (10) days to apply for the appropriate Certificate of Appropriateness. (c) In the event that a COA is not applied for within ten (10) days, as referenced in (b) of this Code Section; the Historic Preservation Commission shall notify the appropriate City Department of the situation. AS AMEDED AUGUST 2010 Attachment number 3 Page 21 of 23 Item # 6 22 § 7-4-53. AFFIRMATIO OF EXISTIG BUILDIG AD ZOI G CODES. Nothing in this Chapter shall be construed as to exempt property owners from complying with existing building and zoning codes of Augusta-Richmond County. § 7-4-54 thru § 7-4-60. RESERVED. Attachment number 3 Page 22 of 23 Item # 6 23 ARTICLE 7 MISCELLAEOUS PROVISIOS § 7-4-61. CERTIFIED LOCAL GOVERMET PROGRAM. The Historic Preservation Commission shall at least annually monitor compliance with all certified Local Government Program requirements and take or recommend such steps as may be necessary to have Augusta-Richmond County qualify and remain qualified as a certified Local Government pursuant to various state or federal government requirements. § 7-4-62. SEVERABILITY. In the event that any section, subsection, sentence, clause or phrase of this Chapter shall be declared or adjudged invalid or unconstitutional, such declaration or adjudication shall in no manner affect the other sections, sentences, clauses, or phrases of this Chapter, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. § 7-4-63. AMEDMETS. This Chapter may be amended by the Commission upon recommendation by the Historic Preservation Commission. No amendment shall become effective unless such recommendation shall be made by the Historic Preservation Commission, or until the Historic Preservation Commission has had an opportunity to review the amendment upon the direction of Commission and has made a recommendation concerning the proposed amendment. § 7-4-64. TEMPORARY PROVISIO FOR HPA (HISTORIC PRESERVATIO AREA) ZOES EXISTIG UDER PRIOR LAW. Notwithstanding any provision herein to the contrary, HPA (Historic Preservation Area) Zones which existed as of December 31, 1995 pursuant to City of Augusta ordinance no. 5648 shall continue to exist and enjoy the protection of such prior law, until the redesignation of said HPA zones as historic districts or historic properties pursuant to the provisions of this Chapter, but in no event shall the provisions of said prior law continue in force beyond the effective date of this Chapter for any purpose. Upon the adoption of this Chapter and the appointment and confirmation of a Historic Preservation Commission pursuant to Article 2 above, said Commission shall succeed to all the rights, powers, and duties of the Historic Preservation Commission created pursuant to City of Augusta Ordinance No. 5648. Attachment number 3 Page 23 of 23 Item # 6 SITE PLA REGULATIOS AUGUSTA, GEORGIA Development Document #4 Augusta Planning & Development Department Updated July 2011 Attachment number 4 Page 1 of 15 Item # 6 1 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: Attachment number 4 Page 2 of 15 Item # 6 2 TABLE OF COTET S 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 Attachment number 4 Page 3 of 15 Item # 6 1 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 Attachment number 4 Page 4 of 15 Item # 6 2 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. Attachment number 4 Page 5 of 15 Item # 6 3 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 Attachment number 4 Page 6 of 15 Item # 6 4 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 Attachment number 4 Page 7 of 15 Item # 6 5 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. Attachment number 4 Page 8 of 15 Item # 6 6 ARTICLE III Data to be Submitted, Design Guidelines, and Inspections Section 300. Size and Scale of Drawings. Site Plans shall be drawn to scale no smaller than one inch equals 100 feet. Where large sites are being planned, they may be drawn on one or more sheets. No drawing shall exceed 36 inches by 48 inches in size. Section 301. Information to be Included. The following information shall be included on each Site Plan. Name of development, type of business, building square footage and parking required and parking provided. Owner (name, address, and telephone number). Developer (name, address and telephone number). Date of survey, date plan drawn, and revision dates as applicable. Seal and signature of a registered engineer. North arrow with reference. Scale (no less than 1” = 100’) Tax parcel number Zoning classification Use and zoning of all adjacent parcels with owner(s) name(s) Location of proposed business signage Existing and proposed elevations referenced to mean sea level, with a contour interval of 2 feet, accurate to one-half contour to indicate surface drainage patterns. Source of datum (benchmark used: GS benchmark, if available), and location of BM or TBM at the site. Existing and proposed pavement width and right-of-way width of any existing streets adjacent to the development and distances to nearest intersection. Acreage of property and acreage of area to be developed. Location sketch (scale no less than 1” = 2000’). All boundaries heavily lined with bearings and distances shown, accurate reference to Augusta and/or geodetic control points which are defined by state plane coordinates unless the sum of the length of the lines constituting the boundary of the site is greater than the traverse distance along public roads to such control. If such reference is not furnished, then a locator tie, defined as a bearing and distance tie from a property corner to a point that can be accurately spotted on the ortho photo maps shall be furnished. Plan and profile of storm sewers on a scale of no less than 1” = 100’ horizontally, 1” = 10’ vertically. Elevation based on mean sea level. Detail plan of all entrances, driveways, roadways, etc., that connect to existing county roads. (Connections to State Highways will require permits from Georgia Department of Transportation.) Minimum building lines (front, side and rear), existing easements and proposed easements shown. Acreage of all on-site and off-site drainage areas contributing to flow through the project. Storm water management plan. Attachment number 4 Page 9 of 15 Item # 6 7 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." Attachment number 4 Page 10 of 15 Item # 6 8 For any Site Plan that includes wetlands shown on the National Wetlands Inventory maps or subject to permitting by the US Army Corps of Engineers under Section 404 of the Clean Water Act of 1977, the following must be submitted: An executed wetland indemnification form provided by the 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 Attachment number 4 Page 11 of 15 Item # 6 9 shall be scheduled with the Department of Public Works at the time the notification of work commencement is given." A note shall be added to the Site Plan as follows: The Contractor shall be required to have on site a copy of the Georgia Department of Transportation's Standard Specifications and Construction Standard Details, current edition. The sight distance and posted speed limit for every access onto an existing public or private roadway must be indicated. The completed GA NDR-NPDES Checklist shall be included with the application. Attachment number 4 Page 12 of 15 Item # 6 10 Section 302. Utility, Drainage, and Street Improvements. A. Utility, drainage, and street improvements shall be designed and constructed to conform to standards set forth in this document and in the other documents listed in Section 304. B. If a Site Plan includes street or road improvements, then it shall also be considered administratively as a subdivision of land and the procedures set forth in the Subdivision Regulations shall also apply. C. The governmental water supply shall be utilized where governmental water supply is available within one thousand (1,000) feet of the property, unless it can be demonstrated to the Utilities Department that it is economically unfeasible to do so. D. The Site Plan shall provide for connecting to the governmental sanitary sewerage system where a governmental sanitary sewerage system is available within five hundred (500) feet of the nearest point of the project unless it can be demonstrated to the Board of Health that it is economically unfeasible to do so. E. The 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 Page 13 of 15 Item # 6 11 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. Attachment number 4 Page 14 of 15 Item # 6 12 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 Page 15 of 15 Item # 6 STORMWATER MAAGEMET ORDIACE AUGUSTA, GEORGIA DEVELOPMENT DOCUMENT #5 Augusta Planning & Development Department July 2011 Attachment number 5 Page 1 of 12 Item # 6 2 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 Attachment number 5 Page 2 of 12 Item # 6 3 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. Attachment number 5 Page 3 of 12 Item # 6 4 (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. Attachment number 5 Page 4 of 12 Item # 6 5 (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. Attachment number 5 Page 5 of 12 Item # 6 6 (21) Sanitary sewer system. The complete sanitary sewer system of the county which discharges sewage directly or indirectly into the sewage treatment plant, including sanitary sewer pipelines, manholes and flushing inlets and appurtenances to the foregoing, excluding sewage treatment facilities. (22) Site. Any lot, plot, parcel or tract of land. (23) Storm water management. The collection, conveyance, storage, treatment and disposal of storm water runoff in a manner to meet the objectives of this chapter and which shall include a system of vegetative or structural measures, or both, that control the increased volume and rate of storm water runoff and water quality impacts caused by manmade changes to the land. (24) Storm water management facilities. Constructed or natural components of a storm water drainage system, designed to perform a particular function, or multiple functions, including, but not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, sediment basins, natural systems and modular pavements. (25) Storm water runoff. The direct response of a land surface to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm drain or other concentrated flow during and following the precipitation. (26) Variance. The modification of the minimum storm water management requirements for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this chapter. (27) Water quality. Those characteristics of storm water runoff that relate to the physical, chemical, biological, or radiological integrity of water. (28) Water quantity. Those characteristics of storm water runoff that relate to the rate and volume of the storm water runoff. § 5-1-5. SCOPE OF RESPOSIBILITY . (a) The provisions of this chapter shall apply throughout Augusta, Georgia. (b) The director of the department of public works or designee shall be responsible for the coordination and enforcement of the provisions of this chapter. (c) The department of public works shall be responsible for the conservation, management, maintenance, extension, and improvement of the Augusta, Georgia storm water system, including activities necessary to control storm water runoff and activities Attachment number 5 Page 6 of 12 Item # 6 7 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. Attachment number 5 Page 7 of 12 Item # 6 8 § 5-1-7 STORM WATER RUOFF QUATITY COTROLS . (a) Water quantity controls will be provided as a part of all development pursuant to the provisions of the Augusta, Georgia Soil Erosion and Sediment Control Ordinance, Zoning Ordinance, Water and Wastewater Disposal Ordinance and Subdivision of Land Ordinance, and regulations adopted pursuant to those ordinance. (b) Augusta, Georgia may allow storm water runoff that otherwise is of unacceptable quantity or which would be discharged in volumes or at rates in excess of those otherwise allowed by its ordinances and regulations to be discharged into drainage facilities off site of the development, provided the following conditions are met: (1) It is not practicable to completely manage runoff on-site in a manner that meets the design and performance standards found in the ordinances and regulations. (2) Off-site drainage facilities and channels leading to them are designed, constructed and maintained in accordance with requirements of those ordinances; and, (3) Adequate provision is made for sharing of construction, maintenance and operating costs of facilities. § 5-1-8 PROHIBITIO . (a) It is unlawful for any person to throw, drain, run, or otherwise discharge to any component of the municipal separate storm water system or to cause, permit or suffer to be thrown, drained, run, or allow to seep or otherwise discharge into such system all matter of any nature excepting only such storm or surface water as herein authorized. (b) The director may require controls for or exempt from the prohibition provision above the following, provided he/she determines they are not a significant source of pollution: (1) Unpolluted industrial cooling water, but only under the authorization and direction of the director and appropriate NPDES permit. (Per State requirements, the discharge should not raise the temperature of the receiving stream more than five (5) degrees after the discharge has thoroughly mixed with receiving waters. In secondary trout streams, there shall be no elevation in temperature exceeding two (2) degrees above the natural stream temperature). (2) Water line flushing performed by a government agency, diverted stream flows, rising ground waters, and unpolluted ground water infiltration. (3) Unpolluted pumped ground water. Attachment number 5 Page 8 of 12 Item # 6 9 (4) Discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, and street wash water. (5) Discharges or flows from fire fighting. (6) Other unpolluted water. (c) In the event of an accidental discharge or an unavoidable loss to the municipal storm sewer system of any material or substance other than storm water runoff, the person concerned shall inform the department of public works within twenty-four (24) hours of the nature, quantity and time of occurrence of the discharge. The person concerned shall take immediate steps to contain the waster, treat the waste or other actions to minimize affects of the discharge on the municipal system and receiving streams. The person shall also take immediate steps to ensure no recurrence of the discharge. § 5-1-9 ILLICIT COECTIOS (a) It is unlawful for any person, to connect any pipe, open channel, or any other conveyance system that discharges anything except storm water or unpolluted water which is approved by the director, based on the exemptions listed in § 5-1-8(b), to Augusta-Richmond County’s storm water system. (b) Improper connections in violation of the Code must be disconnected and redirected, if necessary, to the Augusta, 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. Attachment number 5 Page 9 of 12 Item # 6 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. Attachment number 5 Page 10 of 12 Item # 6 11 § 5-1-12 APPEALS (a) Any person aggrieved by a decision of the director (including any decision with reference to the granting or denial of a variance from the terms of this chapter) may appeal same by filing a written notice of appeal with the director within ten (10) days of the issuance of said decision by the director. A notice of appeal shall state the specific reasons why the decision of the director is alleged to be in error. (b) The director may reverse his/her decision giving written reason for reversal. In the event the director does not reverse his/her decision, the director shall prepare and send to the board of appeals and appellant a written response to said notice of appeal within thirty (30) days of receipt of the notice of appeal. (c) All appeals shall be heard by a board of appeals to be constituted of the county administrator, the director of inspections, and the Director of the Augusta 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. Attachment number 5 Page 11 of 12 Item # 6 12 § 5-1-14 PROPERTY OWER LIABILITY; SUPPLEMETAL CHARGES. Any person in violation of any portion of this chapter shall pay for all costs of Augusta-Richmond County associated with the violation, including (but not limited to) containment, cleanup, injury, death, legal, or other costs. § 5-1-15 EFORCEMET; PEALTIES. (a) This chapter shall be enforced by the office of the director of public works. Citations for violation may be issued by inspectors from the department of public works. Citation shall specify the nature of violation and the potential penalty involved. (b) Any person, cited for violating this chapter shall be tried as a misdemeanor and shall upon conviction, shall be subject to the penalties provided in § 1- 6-1. (c) In addition, Augusta, Georgia may institute appropriate action or proceedings at law or in equity for the enforcement of this chapter or to correct violations of this chapter. Any court of competent jurisdiction may have the right to issue restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief. Each day of noncompliance is considered a separate offense. Nothing herein contained shall prevent Augusta, Georgia from taking such other lawful action as is necessary to prevent or remedy any violation, including application for injunctive relief. § 5-1-16. SEVERABILITY If any term, requirement or provision of this chapter or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this chapter or the application of such terms, requirements and provisions to person or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term, requirement or provision of this chapter shall be valid and be enforced to the fullest extent permitted by law. § 5-1-17 PRIOR ICOSISTET ORDIACES . Any provisions and ordinances adopted prior to the date of adoption of this chapter that are inconsistent with this chapter are hereby voided, but only to the extent of such inconsistency. Attachment number 5 Page 12 of 12 Item # 6 AUGUSTA TREE ORDINANCE AND TREE ORDINANCE ILLUSTRATED GUIDE REVISED: July 2011 Attachment number 6 Page 1 of 50 Item # 6 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 Page 2 of 50 Item # 6 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 Page 3 of 50 Item # 6 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 Attachment number 6 Page 4 of 50 Item # 6 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. Attachment number 6 Page 5 of 50 Item # 6 2 (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. Attachment number 6 Page 6 of 50 Item # 6 3 (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. Attachment number 6 Page 7 of 50 Item # 6 4 (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. Attachment number 6 Page 8 of 50 Item # 6 5 (e) No person or organization shall do any of the following acts to any public tree without first obtaining the proper permission from the Augusta Tree Commission: (1) Cut, prune, break, damage, remove, kill or cause to be killed. (2) Cut, disturb, or interfere, in any way, with the soil or any root within the dripline. (3) Place, spray, or apply any chemical that is known to be toxic to trees in a location that may be absorbed by any part of the tree. (4) Fasten any rope, wire, sign or other device whether invasive to the tree or not. (5) Remove or damage any guard devices placed to protect any tree. (6) Conduct razing, removal, demolition, expansion, or renovation of any structure if deemed by Augusta, GA to be damaging to neighboring public trees. (7) Maintain a stationary fire or device which vaporizes noxious fumes deleterious to tree health. (8) Pave with concrete, asphalt, or other impervious material within the dripline of any public tree unless approved construction techniques are followed as prescribed. (Ord. 5933, June 17, 1997) Chapter 8-4-6. TREE PROTECTIO ZOE; OFFICIAL TREE LIST. (a) There is hereby established a tree protection zone which shall include all public rights-of-way and all public lands of Augusta, Georgia. (b) The Augusta Tree Commission is hereby charged with the duty of determining the types of species of trees suitable for planting, as well as those prohibited, and the conditions under which such trees shall be planted along streets, in parks, and in public places within Augusta, Georgia. When completed, the list shall be presented to the Augusta Commission for its approval. When approved, the said report shall be known as the Official Tree List. Revisions in the Official Tree List may be made from time to time by the Augusta Tree Commission. All trees hereafter planted on public property of Augusta, Georgia must be on the Official Tree List, unless otherwise specifically approved by the Augusta Tree Commission. Chapter 8-4-7. PLATIG AD MAITEACE STADARDS. Attachment number 6 Page 9 of 50 Item # 6 6 (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: Attachment number 6 Page 10 of 50 Item # 6 7 Attachment number 6 Page 11 of 50 Item # 6 8 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: Attachment number 6 Page 12 of 50 Item # 6 9 (1) Construction (including clearing) of single-family residential structures on individual lots; and (2) The development of streets within a subdivision is exempt from all of the provisions of the Tree Ordinance except 8-4-11-(e)-(5). (3) Site Plans that require grading only (no construction of improvements) may be exempt from providing 1000 Tree Quality Points per acre of development at the discretion of the Administrator; however a streetyard must be installed per 8-4-11-(e)-(5). (4) Telecommunication facilities in LI or HI zoning unless the site is in view of a residential use in a residential zone, as viewed from the base of the tower. (5) Federal, State and local government infrastructure (water, sanitary sewer and stormsewer) projects. (c) Greenspace Plan required. Except as herein provided, there shall be a Greenspace Plan for every applicable development. Such plan shall include a landscape element, a tree protection element, and a tree establishment element. (d) Landscape element. Such element shall include a topographic survey map illustrating compliance with the design principles and standards included in the following section. (e) Landscape element design principles and standards. (1) A minimum of ten (10) percent of the total land area of any development shall be devoted to greenspace. (2) No artificial plants, trees, or like materials shall be counted toward meeting the standards of these regulations. (3) All retained or planted trees shall be protected or situated so as to prevent damage from environmental changes (such as a lowered water table) or land disturbance resulting from any building or facility construction. (4) Sidewalks, curbing, or any other paved or impermeable surfaces within the greenspace area shall not count towards the ten (10) percent minimum greenspace or street yard requirement. (5) A street yard area shall be provided along any existing or proposed public street right-of-way or private right-of-way adjacent to or adjoining the property except for those portions of the lot used for driveways. Detention or retention ponds at the front of the property near the right-of-way do not relieve the developer from installing the required street yard. Attachment number 6 Page 13 of 50 Item # 6 10 For site plans that include fewer than one hundred (100) total parking and loading spaces, the minimum width of the streetyard shall be 10’ and the streetyard shall be that area immediately adjacent to the right-of-way. Street yards shall be landscaped and properly maintained by the owner and shall have live vegetation including groundcover, grass, trees, shrubs and may, unless otherwise prohibited, include fences and walls and plantings for parking areas. Each street yard shall have at least one (1) large tree for each forty (40) linear feet on center of street frontage, with a large tree being located within 20' of each side property line. All planted trees must be at least three (3) inches in caliper, have a single trunk, and be unbranched to six (6) feet. In zoning districts where zero setbacks are permitted by the Comprehensive Zoning Ordinance for structures adjoining public street rights-of-way, the street yard and its plantings may be located upon the public property if approved by the Department of Public Works. In all other cases, the street yard must be located on private property. For site plans that include one hundred (100) or more total parking and loading spaces, the minimum width of the streetyard shall be 15’ and the streetyard shall be that area immediately adjacent to the right-of-way. When a use of land is intensified or expanded in such a way that the required parking must be increased more than twenty (20) percent (except for parking areas where a twenty (20) percent increase would be less than 5 new spaces) then the entire site including the already developed area must be provided with a street yard. The minimum width of the streetyard shall be 5’ and the streetyard shall be that area immediately adjacent to the right-of-way. Where a property adjoins a right-of-way such as gas, power, railroad, etc., that is adjacent to and parallel with a public or private street, the subject property shall be deemed to front on the public or private street and streetyard requirements shall be adhered to. When a major subdivision (10 lots or more) of property occurs along an existing or proposed public street, a streetyard 10’ in width , adjacent to the right-of-way, shall be installed and have at least one (1) large tree for each forty (40) linear feet on center of street frontage, with a large tree being located within 20' of each side property line. All planted trees must be at least three 3 inches in caliper, have a single trunk, and be unbranched to six (6) feet. Streetyards shall be landscaped and properly maintained by the owner and shall have live vegetation, groundcover, grass, trees, shrubs, and may, unless otherwise prohibited, include fences and walls and plantings for parking areas. As of January 2003, any existing streetyard tree may not be cut or removed without permission of the Tree Commission. Attachment number 6 Page 14 of 50 Item # 6 11 (6) Parking lots providing over five (5) spaces shall contain interior landscaped areas. This section shall apply to any surface parking lot or loading area or vehicular service area or portions thereof built after the adoption of this Chapter. The number, size, and shape of interior landscaped areas shall be at the discretion of the owner subject to the following provisions: (a) A minimum of five (5) percent of the total interior area of parking lots, loading areas, and vehicular use areas shall be devoted to landscaping. Required street yards may not count toward the five (5) percent. There shall be no more than twelve (12) consecutive parking spaces between planting islands, which must contain a medium or large tree, and which must be at least one hundred (100) square feet in area with a minimum width of eight (8) feet measured inside of curb to inside of curb. On such site plans one of every five (5) required planting islands must be a minimum of 37.5 feet in length and eight (8) feet in width, inside of curbing, unless all parking spaces are arranged around the perimeter of the parking lot. When row parking is utilized, the end of each row of parking must be a double planting island with a minimum of one medium or large tree per row of parking. When a use of land is intensified or expanded in such a way that the required parking must be increased more than fifty (50) percent (except for where such an increase would be less than twenty (20) spaces), the new parking area must conform to the requirements of this subsection and the already developed parking area must be retrofitted with planting islands at a rate of one for every twelve (12) which is no less than one hundred (100) square feet in area and with a minimum width of eight (8) feet. All internal planting areas shall be landscaped with approved plant materials compatible with accepted arboricultural practices as set forth in the IGO. The area devoted to interior planting islands may be deducted from the required parking area pursuant to Section 4-2 of the Zoning Ordinance at a rate of one (1) space per two hundred (200) square feet of planting island except that the requirement of spaces shall not be reduced over ten (10) percent. For the purposes of calculating consecutive parking spaces, handicapped parking spaces shall equal one and one-half (1-1/2) parking spaces. As of January 1, 2003, any existing parking lot tree may not be cut or removed without permission of the Tree Commission. (b) No parking space shall be further than 65 feet from the trunk of a medium or large tree with no intervening building. Attachment number 6 Page 15 of 50 Item # 6 12 (c) Within existing parking areas, all new curbing around landscaped islands shall match existing curbing within the site. If no curbing is present within the site, then concrete curb and gutter, per City of Augusta standards and specifications, shall be used around landscaped islands. In new parking areas, all curbing around landscaped islands shall be concrete curb and gutter, as approved by the City Engineer. (7) Lighting serving to illuminate a parking area shall not be located within a required planting island. Further, no light pole taller than 12’ shall be within 20’ of a large or medium tree. As of December 31, 2008, all light pole locations shall be indicated on the Landscape Plan. (a) No flag poles shall be located within a required landscaped island nor within 20’ of a large or medium tree. (b) No signs, except for directional signs, shall be located within a required landscaped island, nor within 20’ of a large or medium tree provided that no such directional sign shall exceed 30 inches in height nor more than 4 square feet in area. (c) No utility boxes, fire hydrants, transformers or other site appurtenances shall be located in a required landscaped island. (8) A permanent water source shall be provided not more than one hundred (100) feet from any planted tree. (9) Where the rear property line in a multiple-family residential, professional, commercial or industrial zone abuts an R (Residential) zone or single- family residence, a buffer strip not less than twenty (20) feet in width shall be provided. Further, where the rear property line in a commercial zone abuts an A (Agricultural), R-MH (Residential Manufactured Home), R-2 (Two-family Residential), or R-3 (Multi-family Residential) zone or single-family residence within one of these zones, a buffer strip not less than twenty (20) feet in width shall be provided. This buffer strip shall be designed to provide a year-round visual screen that is at least eight (8) feet in height and completely blocks the view of the subject property by a person standing just across the property line on the adjoining residential property. It shall consist of six (6) foot solid board or 'shadowbox' style fence or masonry wall that has two finished sides and is approved by the Tree Commission, unless a fence already exists on the adjoining property that meets the requirements of this Ordinance. The buffer strip shall be planted with medium or large trees spaced on 40 foot centers with interplanted evergreen plant material, berms, mounds or combinations thereof to achieve the objective within a maximum three (3) year period. No buildings, structures, storage of materials, or parking shall be permitted within this buffer area. Buffer areas shall be maintained and kept free of all debris, rubbish and weeds. Attachment number 6 Page 16 of 50 Item # 6 13 As of January 2003, any existing rear bufferyard tree may not be cut or removed without permission of the Tree Commission. (10) Where the side property line in a multiple-family, professional, commercial, or industrial zone abuts an R (Residential) zone or single- family residence, a planted buffer strip not less than ten (10) feet in width shall be provided. Further, where the side property line in a commercial zone abuts an A (Agricultural), R-MH (Residential Manufactured Home), R-2 (Two-family Residential), or R-3 (Multi-family Residential) zone or single-family residence within one of these zones, a buffer strip not less than twenty (20) feet in width shall be provided. This buffer strip shall be designed to provide a year-round visual screen that is at least eight (8) feet in height and completely blocks the view of the subject property by a person standing just across the property line on the adjoining residential property. Said buffer strip shall begin at the front setback line and extend along the entire remaining side boundary. It shall consist of a six (6) foot solid board or shadowbox" style fence or masonry wall that has two finished sides and is approved by the Tree Commission, unless a fence already exists on the adjoining property that meets the requirements of this Ordinance. The buffer strip shall be planted with medium or large trees spaced on 40 foot centers with interplanted evergreen plant material, berms, mounds or combinations thereof to achieve the objective within a maximum three (3) year period. Buffer areas shall be maintained and kept free of all debris, rubbish and weeds. No buildings, structures, storage of materials, or parking shall be permitted within this area. As of January 2003, any existing side bufferyard tree may not be cut or removed without permission of the Tree Commission. (11) The mature or ultimate spread of planted trees shall be shown on the Greenspace Plan. Planted trees shall be diagramed according to the following minimum standards in order to qualify for tree quality points: *large trees - thirty-five (35) foot spread *medium trees - twenty-five (25) foot spread *small trees - fifteen (15) foot spread (12) No new utilities (overhead or underground) shall be located directly above or below existing or proposed tree locations. (Proposed utilities must be routed away from all trees.) (f) Tree protection and tree establishment elements. Land cleared for development or land being proposed for development shall have, after development, not less than one thousand (1,000) tree quality points (TQP) per acre on a given site. Tree quality points shall only be calculated on the acreage of the site that is being developed. Undeveloped portions of the site shall not be required to provide tree quality points (including street yard requirements) nor shall tree quality points for Attachment number 6 Page 17 of 50 Item # 6 14 existing trees be counted toward the requirements of the developed portion of the site. Tree protection and tree establishment elements may be provided separately or collectively depending on the nature, complexity, and scale of the development. Such elements shall include a topographic survey map showing: (1) Existing tree cover and tree cover that is to be removed. (2) The location and species of all trees to be retained on the developed portion of the site for which tree quality points are to be claimed, including their DBH, tree quality points, and their tree protection zones. Where a grouping or cluster of twenty (20) or more trees is located within a proposed tree protection zone, the location of individual trees within such cluster is not required to be spotted on the plan, provided the number of trees for each species within the cluster is given and the average DBH is identified for each species. Existing trees on undeveloped portions of the site (i.e. future development) or trees within the right-of-way(s) cannot be counted toward Tree Quality Points. (3) The location, species, and DBH of all trees located on adjacent rights-of- way. (4) A listing of all trees to be planted on the site for which tree quality points are to be claimed, giving their respective species, caliper, and tree quality points. (5) A description of tree planting specifications if different from those listed in the Illustrated Guide to Implementing the Augusta-Richmond County Tree Ordinance (IGO). IGO and any amendments thereto are hereby adopted by reference. The guide will be reviewed annually by the Tree Commission with the updated version being adopted by reference and each time made a part hereof. All Greenspace Plans shall be provided in a manner consistent with provisions contained therein. As of January 2003, any existing tree that would count toward the overall requirement for tree quality points (TQP) may not be cut or removed without permission of the Tree Commission. (g) Tree protection and tree establishment standards. Tree protection zones shall be established and maintained for all trees preserved or planted on a site for which tree quality points are to be claimed. The following provisions apply to such zones and the trees within them. (1) The tree protection zone shall have a dimension of not less than one-half (1/2) the distance to the dripline of the preserved tree, or the minimum tree protection zones for planted trees set forth in Table 1; whichever is greater. Tree protection zones shall be barricaded prior to the commencement of construction and until the Certificate of Occupancy has been issued. Attachment number 6 Page 18 of 50 Item # 6 15 (2) The area within any tree protection zone must remain open and unpaved. The use of perforated pavement may be allowed subject to the approval of the Administrator. (3) Deleted (4) No vehicles shall be parked, construction material stored, substances poured, disposed of, or placed, within any tree protection zone at any time during clearing or construction of the project. (5) No change in grade within the tree protection zone shall be allowed except for a maximum addition of two (2) inches of sandy loam topsoil covered with mulch. (6) Tree wells or tree walls (islands) shall be constructed as needed to protect the preserved trees from grade changes which result in changes of water supply to the tree protection zone. Adequate means for drainage of excess moisture from the tree protection zone shall be provided if tree wells or tree walls are constructed. (7) For planted trees, the minimum size Tree Protection Zone centered upon the planted tree shall be as specified in Table 1. (8) The ground elevation where trees are to be planted in a street yard shall be within five (5) feet of the ground elevation of the street right-of-way. Table 1 Minimum Tree Protection Zone for Planted Trees Mature Minimum Area ** Tree Size Square Feet Protection Zone small * 16 2.0' radius medium * 66 3.0' radius large * 200 4.0' radius * A listing of small, medium, and large trees is found in IGO. ** Protection Zone = Minimum distance from tree trunk to edge of dripline. (h) Tree standards. (1) All required trees shall be grown within one climatic zone of Augusta, GA. Attachment number 6 Page 19 of 50 Item # 6 16 (2) All required trees shall be nursery grown, typical of their species or variety, with normal, densely developed branches and vigorous, fibrous root systems. Trees shall be sound, healthy, vigorous, free from defects, free from disfiguring knots, free from sun scald injuries, frost cracks and/or abrasions of the bark, and be free from plant diseases, insect eggs, borers, and all forms of infestation. All trees shall have a fully developed form without voids and open space. Trees shall not be loose in the container or root ball. It is recommended that dug trees shall have been root pruned at least once. (3) All required trees shall have straight, single central leaders. Trees that have the main trunk forming a “Y” shape are not acceptable. Trees that are not fully branched will not be accepted. Trees shall have no bark damage and shall not be leaning or have significant sweep, crook or bend. Trees shall have a minimum 3” caliper and shall have no branch more than ½ the diameter of the main leader and shall have a straight unbranched trunk to 6’. Trees specified as “multi-stemmed” shall have a minimum of 3 and a maximum of 5 separate canes a minimum of 1” caliper each coming from the root ball and pruned into tree form with no branches on the lower half of the tree. Multiple plants shall not be used as a “multi- stemmed” plant. (4) All required trees shall be set in the planting pit to proper grade and alignment, and shall be set upright, plumb and faced to give the best appearance or relationship to other trees. Each tree shall be set 1-2” above the finish grade and backfill shall be brought even with the top of the root ball. No fill shall be permitted atop the root ball. (5) All burlap, ropes, straps and wires shall be removed from the root ball. If it is not possible to remove the burlap and wire from the bottom of the root ball, the burlap and wire shall be cut away from the sides and removed from the hole. (6) After required trees are set, the backfill shall be muddled around the base of the root ball and all voids shall be filled. (7) All required trees shall have their planting pits mulched with approved mulching material immediately after planting. The mulched areas shall be thoroughly water. Note: Mulch shall be placed to a maximum thickness of 3” except at the trunk, where it shall be no more than 1”. (8) If staking and supports have been installed on the required tree(s), all staking and supports shall be removed after one growing season. Attachment number 6 Page 20 of 50 Item # 6 17 (i) Tree quality points. (1) Tree quality points shall be assigned to preserved or planted trees as described in the Illustrated Guide to Implementing the Augusta-Richmond County Tree Ordinance (IGO). a. Deleted b. Deleted Table 2 Tree Quality Points for Planted Trees Mature Size Acceptable Recommended Preferred small * 5 5,10,15,20,30 10,15,20,30,40 medium * 5 15,30 30,40,60,90 large * 15 40 40,90 * A listing of small, medium, and large trees is found in the IGO. (2) Tree quality points for preserved trees. Quality points for trees preserved on the site are directly related to the tree species quality and the tree protection zone that must be provided for the tree. For preserved trees, tree quality points are calculated by squaring the tree's DBH (diameter at breast height) and multiplying this number by the applicable quality points factor. If the calculated tree quality points is less than that given for planted trees in Table 2, then the greater number will apply. (DBH)2 X (Quality Points Factor) = Tree Quality Points Table 3 Tree Quality Points Factor Tree Quality Rating Quality Points Factor * Acceptable 0.2 Recommended 0.6 Preferred 1.4 Landmark Trees 2.0 * The assigned quality points factor is found in the Tree Species List in IGO. Attachment number 6 Page 21 of 50 Item # 6 18 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 Attachment number 6 Page 22 of 50 Item # 6 19 owner/developer of the property shall be notified to replace the unhealthy trees and landscaping or take other appropriate action as required by Augusta-Richmond County. If the owner/developer fails to comply with the decision of Augusta-Richmond County within sixty (60) days of receiving a written notice, then the City shall use the Landscape Establishment Bond to the extent necessary to bring the property into compliance with the provisions of these regulations. Before release of the Landscape Establishment Bond, documentation (an Agreement to Maintain Required Landscaping) shall be signed by the Owner certifying that the required trees located on the site will not be removed, the growth and the integrity of the required trees will not be compromised, nor shall the canopy of the required trees be reduced without prior approval of the Tree Commission. Chapter 8-4-14. APPEALS AD VARIACES. (a) Decisions of the Administrator may be appealed to the Augusta Tree Commission. The Tree Commission shall also hear requests for variances from the provisions of this Chapter. The variance request must be made in writing to the Administrator by the first Monday of any given month for that month’s Tree Commission meeting. The Tree Commission shall review the appeal or variance and make its recommendations to the Administrator. (b) Variances shall only be granted upon a determination that the variance is the minimum necessary to afford relief and when in the opinion of the Tree Commission relief is justified. (c) Variances shall only be granted upon: (1) A determination that failure to grant the variance would result in exceptional hardship; and (2) A determination that the granting of a variance will not adversely impact the intent and purpose of these regulations. (d) The Tree Commission may approve, deny, or approve with conditions a request for a variance. Conditional approval may be granted where mitigation of the impact is agreed upon by the Tree Commission and the petitioner. (1) The Tree Commission, at its discretion, may require mitigation plantings in City street right-of-ways, in City parks, or on other City-owned property. (2) The Tree Commission, at its discretion, may require a mitigation fee to be paid to the City’s Trees and Landscape Department, to be used for plantings in City Street right-of-ways, in City parks, or on other City-owned property. Attachment number 6 Page 23 of 50 Item # 6 20 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. Attachment number 6 Page 24 of 50 Item # 6 21 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 - ___________________________ Attachment number 6 Page 25 of 50 Item # 6 AUGUSTA-RICHMOND COUNTY ILLUSTRATED GUIDE REVISED: January 2011 Attachment number 6 Page 26 of 50 Item # 6 ILLUSTRATED GUIDE TO IMPLEMETIG THE AUGUSTA-RICHMOD COUTY TREE ORDIACE (IGO) I. Purpose 1 II. Calculations for Tree Protection and Tree Establishment Elements of a Greenspace Plan 1 III. Tree Species List 4 IV. Tree and Site Related Disturbances 16 V. Methods of Tree Protection 18 VI. Standards for Remedial Tree Care 21 VII. Standards for Selecting Quality Planting Stock 21 VIII. Transplanting Standards 21 IX. Criteria for Landmark Trees 22 Appendix 23 Attachment number 6 Page 27 of 50 Item # 6 1 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 Page 28 of 50 Item # 6 2 Attachment number 6 Page 29 of 50 Item # 6 3 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: Attachment number 6 Page 30 of 50 Item # 6 4 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. Attachment number 6 Page 31 of 50 Item # 6 5 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 Attachment number 6 Page 32 of 50 Item # 6 6 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 Attachment number 6 Page 33 of 50 Item # 6 7 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 Attachment number 6 Page 34 of 50 Item # 6 8 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 Attachment number 6 Page 35 of 50 Item # 6 9 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 Attachment number 6 Page 36 of 50 Item # 6 10 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 Attachment number 6 Page 37 of 50 Item # 6 11 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 Attachment number 6 Page 38 of 50 Item # 6 12 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 Attachment number 6 Page 39 of 50 Item # 6 13 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 Attachment number 6 Page 40 of 50 Item # 6 14 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”) Attachment number 6 Page 41 of 50 Item # 6 15 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 Attachment number 6 Page 42 of 50 Item # 6 16 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. Attachment number 6 Page 43 of 50 Item # 6 17 Attachment number 6 Page 44 of 50 Item # 6 18 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. Attachment number 6 Page 45 of 50 Item # 6 19 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. Attachment number 6 Page 46 of 50 Item # 6 20 Attachment number 6 Page 47 of 50 Item # 6 21 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. Attachment number 6 Page 48 of 50 Item # 6 22 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. Attachment number 6 Page 49 of 50 Item # 6 23 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. Attachment number 6 Page 50 of 50 Item # 6 1 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; Attachment number 7 Page 1 of 23 Item # 6 2 (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. Attachment number 7 Page 2 of 23 Item # 6 3 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: Attachment number 7 Page 3 of 23 Item # 6 4 (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. Attachment number 7 Page 4 of 23 Item # 6 5 (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 Attachment number 7 Page 5 of 23 Item # 6 6 (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 Attachment number 7 Page 6 of 23 Item # 6 7 (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. Attachment number 7 Page 7 of 23 Item # 6 8 (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. Attachment number 7 Page 8 of 23 Item # 6 9 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; Attachment number 7 Page 9 of 23 Item # 6 10 (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. Attachment number 7 Page 10 of 23 Item # 6 11 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 Attachment number 7 Page 11 of 23 Item # 6 12 certification or failure to make said corrections required hereby, shall be cause to issue a Stop-Work Order for the project. § 8-1-31. DUTIES AD RESPOSIBILITIES OF THE EXE CUTIVE DIRECTOR Duties of the Executive Director shall include, but shall not be limited to: (a) Review all Development Permits to assure that the permit requirements of this Chapter have been satisfied; (b) Review proposed development to assure that all necessary permits have been received from governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file. (c) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. (d) When Base Flood Elevation data or floodway data have not been provided in accordance with Article 3, Section 8-1-17, then the Executive Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other sources in order to administer the provisions of Article 5. (e) Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures in accordance with Article 4, Section 8-1-30(b). (f) Review and record the actual elevation, in relation to mean sea level to which any new or substantially improved structures have been flood-proofed, in accordance with Article 4, Section 8-1-30(b). (g) When flood-proofing is utilized for a structure, the Executive Director shall obtain certification of design criteria from a registered professional engineer or architect in accordance with Article 4, Section 8-1-30(a)(3) and Article 5, Section 8-1-44(b) or Article 5, Section 8-1-48(b). (h) Make substantial damage determinations following a flood event or any other event that causes damage to structures in flood hazard areas. (i) Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). (j) For any altered or relocated watercourse, submit engineering data/analysis within six (6) months to the FEMA to ensure accuracy of community flood maps through the Letter of Map Revision process. Assure flood carrying capacity of any altered or relocated watercourse is maintained. (k) Where interpretation is needed as to the exact location of boundaries of the Areas of Special Flood Hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Executive Director shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Chapter. Attachment number 7 Page 12 of 23 Item # 6 13 (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 Attachment number 7 Page 13 of 23 Item # 6 14 (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. Attachment number 7 Page 14 of 23 Item # 6 15 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: Attachment number 7 Page 15 of 23 Item # 6 16 (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. Attachment number 7 Page 16 of 23 Item # 6 17 § 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: Attachment number 7 Page 17 of 23 Item # 6 18 (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 # 6 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 # 6 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 BASE FLOOD ELEVATIOS AD/OR FLOODWAYS (A-ZOES). Located within the Areas of Special Flood Hazard established in Article 3, Section 8-1-17, where streams exist but no base flood data have been provided (A-Zones), OR where base flood data have been provided but a Floodway has not been delineated, the following provisions apply: (a) No encroachments, including structures or fill material, shall be located within an area equal to five (5) times the width of the stream or twenty (20) feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. (b) In Special Flood Hazard Areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three (3) feet above the highest adjacent grade at the building site. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Article 5, Section 8-1-43(j), "Elevated Buildings". (1) All heating and air conditionaing equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be elevated no less than three (3) feet above the highest adjacent grade at the building site. The Executive Director shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. Attachment number 7 Page 20 of 23 Item # 6 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 # 6 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 H AZARD (ZOES AE) WITH ESTABLISHED BASE FLOOD ELEVATIOS WITHOUT DESIGATE D FLOODWAYS Located within the Areas of Special Flood Hazard established in Article 3, Section 8-1-17, where streams with base flood elevations are provided but no floodways have been designated, (Zone AE) the following provisions apply: (a) No encroachments, including fill material, new structures or substantial improvements shall be located within Special Flood Hazard Areas, unless certification by a registered professional engineer is provided deomonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles. (b) New construction or substantial improvements of buildings shall be elevated or flood- proofed to elevations established in accordance with Article 5, Section 8-1-44. § 8-1-49 STADARDS FOR CRITICAL FACILITIES (a) Critical facilities shall not be located in the 100 year floodplain or the 500 year floodplain. (b) All ingress and egress from any critical facility must be protected to the 500 year flood elevation. § 8-1-50. RESERVED. Attachment number 7 Page 22 of 23 Item # 6 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 # 6 GRADIG ORDIACE AUGUSTA, GEORGIA DEVELOPMENT DOCUMENT #11 AUGUSTA PLANNING & DEVELOPMENT DEPARTMENT JULY 2011 Attachment number 8 Page 1 of 7 Item # 6 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 # 6 § 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 # 6 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 # 6 (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 # 6 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 # 6 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 # 6 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 # 6 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 # 6 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. Attachment number 9 Page 3 of 24 Item # 6 4 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. Attachment number 9 Page 4 of 24 Item # 6 5 41. Properly Designed: Designed in accordance with the design requirements and specifications contained in the “Manual for Erosion and Sediment Control in Georgia” (Manual) published by the Georgia Soil and Water Conservation Commission (GSWCC) as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the Manual as approved by the Commission up until the date of NOI submittal. 42. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch, composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled roadway consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. 43. Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, ice, or gravity as a product of erosion. 44. Sedimentation: The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity. 45. Soil and Water Conservation District Approved Plan: An erosion, sedimentation and pollution control plan approved in writing by the Brier Creek Soil and Water Conservation District. 46. Soil Erosion, Sedimentation and Pollution Control Measures: Refers to mechanical measures used to reshape the land to intercept, divert, convey, retard, or otherwise control runoff, including, but not limited to, land grading, bench terraces, subsurface drains, diversions, berms, storm sewers, outlets, waterway stabilization structures, lines channels, sediment and debris basin, and stream channel and bank stabilization; and vegetative measures to provide temporary cover to help control erosion during construction and permanent cover to stabilize the site after construction is complete. 47. Stabilization: The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity. 48. State General Permit: The National Pollution Discharge Elimination System (NPDES) General Permit or permits for stormwater runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state’s authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of Code Section 12-5-30. Attachment number 9 Page 5 of 24 Item # 6 6 49. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of Georgia which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. 50. Structural Erosion, Sedimentation and Pollution Control Practices: Practices for the stabilization of erodible or sediment producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia. 51. Trout Streams: All streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20 in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as water supporting a self- sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs. 52. Vegetative Erosion and Sedimentation Control Measures: Measures for the stabilization of erodible or sediment producing areas by covering the soil with: a. Permanent seeding, sprigging or planting, producing long-term vegetative cover, or b. Temporary seeding, producing short-term vegetative cover, or c. Sodding, covering areas with a turf of perennial sod forming grass. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia. 53. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater. 54. Wetlands: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Attachment number 9 Page 6 of 24 Item # 6 7 SECTIO III EXEMPTIOS This Ordinance shall apply to any land disturbing activity undertaken by any person on any land except for the following: 1. Surface mining, as the same is defined in O.C.G.A. 12-4-72, "The Georgia Surface Mining Act of 1968"; 2. Granite quarrying and land clearing for such quarrying; 3. Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion; 4. The construction of single-family residences, when such construction disturbs less than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in O.C.G.A. 12-7-6 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. 12-7-6 and the buffer zones provided by this paragraph shall be enforced by the Local Issuing Authority; 5. Agricultural operations as defined in O.C.G.A. 1-3-3, "definitions", to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds; Attachment number 9 Page 7 of 24 Item # 6 8 6. Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in paragraphs (15) and (16) of Section IV C. of this Ordinance, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices; 7. Any project carried out under the technical supervision of the Natural Resources Conservation Service of the United States Department of Agriculture; 8. Any project involving less than one (1) acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, “State Waters” excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year- round; provided, however, that any person responsible for a project which involves less than one (1) acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the Local Issuing Authority from regulating any such project which is not specifically exempted by paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10 of this section; 9. Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one (1) or more contiguous acres of land shall be subject to provisions of O.C.G.A. 12-7- 7.1; except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the Local Issuing Authority; the Local Issuing Authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; 10. Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory Attachment number 9 Page 8 of 24 Item # 6 9 jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. 36- 18-1,or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the Local Issuing Authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and 11. Any public water system reservoir. SECTIO IV MIIMUM REQUIREMETS FOR EROSIO, SEDIMETATIO AD POLLUTIO COTROL USIG BEST MAAGEMET PRACTICES A. GENERAL PROVISIONS Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the Ordinance and the NPDES General Permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this Ordinance shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of Section IV B. & C. of this Ordinance. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation and pollution during all stages of any land-disturbing activity in accordance with requirements of this Ordinance and the NPDES General Permit. B. MINIMUM REQUIREMENTS / BMPs 1. Best management practices as set forth in Section IV B. & C. of this Ordinance shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of Attachment number 9 Page 9 of 24 Item # 6 10 O.C.G.A. 12-5-30, the "Georgia Water Quality Control Act". As used in this subsection the terms "proper design” and “properly designed” mean designed in accordance with the hydraulic design specifications contained in the “Manual for Erosion and Sediment Control in Georgia” specified in O.C.G.A. 12-7-6 subsection (b). 2. A discharge of storm water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land disturbing permit issued by a Local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A. 12-5-30, the "Georgia Water Quality Control Act", for each day on which such discharge results in the turbidity of receiving waters being increased by more than twenty-five (25) Nephelometric Turbidity Units for waters supporting warm water fisheries or by more than ten (10) Nephelometric Turbidity Units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the Director. This paragraph shall not apply to any land disturbance associated with the construction of single family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five (5) acres. 3. Failure to properly design, install, or maintain best management practices shall constitute a violation of any land- disturbing permit issued by a Local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of Code Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such failure occurs. 4. The Director may require, in accordance with regulations adopted by the Board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur. 5. The Local Issuing Authority may set more stringent buffer requirements than state in C.15 and 16, in light of O.C.G.A. subsection 12-7-6 (c). C. The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. 12-7-1 et. seq. for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land- disturbing activity was permitted, as well as the following: Attachment number 9 Page 10 of 24 Item # 6 11 1. Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion; 2. Cut-fill operations must be kept to a minimum; 3. Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential; 4. Whenever feasible, natural vegetation shall be retained, protected and supplemented; 5. The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; 6. Disturbed soil shall be stabilized as quickly as practicable; 7. Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; 8. Permanent vegetation and structural erosion control practices shall be installed as soon as practicable; 9. To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. 12-7-1 et. seq.; 10. Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills; 11. Cuts and fills may not endanger adjoining property; 12. Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; 13. Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum; 14. Land-disturbing activity plans for erosion, sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in Section IV B. 2. of this Ordinance Attachment number 9 Page 11 of 24 Item # 6 12 15. Except as provided in paragraph (16) of this subsection, there is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the Director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the Director pursuant to O.C.G.A. 12-2-8, where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or along any ephemeral stream. As used in this provision, the term “ephemeral stream” means a stream: that under normal circumstances has water flowing only during and for a short duration (less than 48 hours) after precipitation events; that has the channel located above the ground-water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow. Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force unless a variance is granted by the Director as provided in this paragraph. The following requirements shall apply to any such buffer: a. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and 16. There is established a 50 foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act", except where a roadway drainage structure must be constructed ; provided, however, that small Attachment number 9 Page 12 of 24 Item # 6 13 springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board, so long as any such pipe stops short of the downstream landowner’s property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer: a. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single– family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines. D. Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent any Local Issuing Authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in Section IV B. & C. of this Ordinance. E. The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this Ordinance or the terms of the permit. SECTIO V APPLICATIO/PERMIT PROCESS A. GENERAL Attachment number 9 Page 13 of 24 Item # 6 14 The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans. The Local Issuing Authority shall review the tract to be developed and the area surrounding it. They shall consult the Zoning Ordinance, Stormwater Management Ordinance, Subdivision Ordinance, Flood Damage Prevention Ordinance, this Ordinance, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the Local Issuing Authority. However, the owner and/or operator are the only parties who may obtain a permit. B. APPLICATION REQUIREMENTS 1. No person shall conduct any land disturbing activity within the jurisdictional boundaries of Augusta, Georgia without first obtaining a permit from the Augusta-Richmond County Planning Commission to perform such activity and providing a copy of the Notice of Intent submitted to EPD, if applicable. 2. The application for a permit shall be submitted to the Augusta-Richmond County Planning Commission and must include the applicant’s erosion, sedimentation and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in Section V C. of this Ordinance. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land-disturbing activity proposed will be carried out in such a manner that the provisions of Section IV B. & C. of this Ordinance will be met. Applications for a permit will not be accepted unless accompanied by the applicable number of the applicant’s erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7- .10. 3. In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. 12-5-23, provided that such fees shall not exceed $80.00 per acre of land disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. 12-7-8 half of such fees levied shall be submitted to the Division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. 12- 7-17 shall be submitted in full to the Division, regardless of the existence of a Local Issuing Authority in the jurisdiction. 4. Immediately upon receipt of an application and plan for a permit, the Local Issuing Authority shall refer the application and plan to the District for its review and approval or disapproval concerning the adequacy of the erosion, sedimentation and pollution control plan. The District shall approve or disapprove a plan within 35 days of receipt. Failure of the District to act within 35 days shall be considered an approval of the pending plan. The results of the District review shall be forwarded to the Local Issuing Authority. No permit Attachment number 9 Page 14 of 24 Item # 6 15 will be issued unless the plan has been approved by the District, and any variances required by Section IV C. 15. & 16 has been obtained, all fess have been paid, and bonding, if required as per Section V B.6. have been obtained. Such review will not be required if the Local Issuing Authority and the District have entered into an agreement which allows the Local Issuing Authority to conduct such review and approval of the plan without referring the application and plan to the District. The Local Issuing Authority with plan review authority shall approve or disapprove a revised Plan submittal within 35 days of receipt. Failure of the Local Issuing Authority with plan review authority to act within 35 days shall be considered an approval of the revised plan submittal. 5. If a permit applicant has had two or more violations of previous permits, this Ordinance section, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing the application under consideration, the Local Issuing Authority may deny the permit application. 6. The Local Issuing Authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land- disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the Local Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the Local Issuing Authority with respect to alleged permit violations. C. PLAN REQUIREMENTS 1. Plans must be prepared to meet the minimum requirements as contained in Section IV B. & C. of this Ordinance, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this Ordinance. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and State laws. Maps, drawings, and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections of any land-disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the Commission and in consultation with the Division and the Stakeholder Advisory Board created pursuant to O.C.G.A. 12-7-20. Attachment number 9 Page 15 of 24 Item # 6 16 2. Data Required for Site Plan shall include all the information required from the appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist established by the Commission as of January 1 of the year in which the land-disturbing activity was permitted. 3. Plot plans for single family homes on individual lots shall illustrate the best management practices the contractor will implement during construction to prevent soil erosion and damage to adjoining properties as a result of erosion; the plot plan shall illustrate positive storm water drainage to an existing storm water structure; and the plot plan shall illustrate the method for permanently stabilizing the disturbed soil upon completion of construction. The following shall be illustrated on residential plot plans. a. Contractors name. b. Street name and property address c. Lot dimensions drawn to scale d. All drainage and utility easements e. Existing drainage swales f. Footprint of building g. Building setback dimensions h. Best management practices to be implemented: 1. Sediment barriers 2. Proposed drainage swales 3. Construction exit 4. Maintenance i. Positive storm water drainage from the lot to an existing storm water structure. Direction of flow to be indicated by arrows. Existing storm water structure includes paved streets, drainage structure inlets, drainage ditches, and swales. j. How disturbed soils will be permanently stabilized. k. 100-Year floodplain data Attachment number 9 Page 16 of 24 Item # 6 17 l. Existing structures on property. m. Wetlands data n. Distance to any stream, creek or water body on or adjacent to (within 200 feet of) the proposed site. o. Delineate 25 feet state water buffer, as applicable. D. PERMITS 1. Permits shall be issued or denied as soon as practicable but in any event not later than forty-five (45) days after receipt by the Local Issuing Authority of a completed application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to the permit issuance. The permit shall include conditions under which the activity may be undertaken. 2. No permit shall be issued by the Local Issuing Authority unless the erosion, sedimentation and pollution control plan has been approved by the District and the Local Issuing Authority has affirmatively determined that the plan is in compliance with this Ordinance, any variances required by Section IV C. 15. & 16 are obtained, bonding requirements, if necessary, as per Section V B. 6. are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the Local Issuing Authority are met. If the permit is denied, the reason for denial shall be furnished to the applicant. 3. Any land-disturbing activities by a Local Issuing Authority shall be subject to the same requirements of this Ordinance, and any other ordinances relating to land development, as are applied to private persons and the Division shall enforce such requirements upon the Local Issuing Authority. 4. If the tract is to be developed in phases, then a separate permit shall be required for each phase. 5. The permit may be suspended, revoked, or modified by the Local Issuing Authority, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this Ordinance. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. 5. The Local Issuing Authority may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three (3) years prior to the date of the application, in light of O.C.G.A. 12-7-7 (f) (1). Attachment number 9 Page 17 of 24 Item # 6 18 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 Attachment number 9 Page 18 of 24 Item # 6 19 obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. E. The District or the Commission or both shall semi-annually review the actions of counties and municipalities which have been certified as Local Issuing Authorities pursuant to O.C.G.A. 12-7-8 (a). The District or the Commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county’s or municipality’s erosion, sedimentation and pollution control program. The District or the Commission shall notify the Division and request investigation by the Division if any deficient or ineffective local program is found. F. The Division may periodically review the actions of counties and municipalities which have been certified as Local Issuing Authorities pursuant to Code Section 12-7-8 (a). Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority’s ordinance and review of conformance with an agreement, if any, between the District and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. 12-7-8 (a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. 12-7-7 (e), the Division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have ninety (90) days within which to take the necessary corrective action to retain certification as a Local Issuing Authority. If the county or municipality does not take necessary corrective action within ninety (9 0) days after notification by the Division, the Division may revoke the certification of the county or municipality as a Local Issuing Authority. SECTIO VII PEALTIES AD ICETIVES A. FAILURE TO OBTAIN A PERMIT FOR LAND-DISTURBING ACTIVITY If any person commences any land disturbing activity requiring a land disturbing permit as prescribed in this Ordinance without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the Local Issuing Authority. B. STOP-WORK ORDERS 1. For the first violation of the provisions of this Ordinance, the Director or the Local Issuing Authority shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the Attachment number 9 Page 19 of 24 Item # 6 20 Director or the Local Issuing Authority shall issue a Stop-Work Order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the Director or the Local Issuing Authority shall issue an immediate Stop-Work Order in lieu of a warning; 2. For a second and each subsequent violation, the Director, or the Local Issuing Authority, shall issue an immediate Stop-Work Order; and; 3. All Stop-Work Orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. 4. When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the Local Issuing Authority or by the Director or his or her Designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the Local Issuing Authority or by the Director or his or her Designee. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls. C. BOND FORFEITURE If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this Ordinance and, in addition to other penalties, shall be deemed to have forfeited his Performance Bond, if required to post one under the provisions of Section V B. 5. (b). The Local Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. D. MONETARY PENALTIES 1. Any person who violates any provisions of this Ordinance, or any permit condition or limitation established pursuant to this Ordinance, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the Director issued as provided in this Ordinance shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this Ordinance, notwithstanding any provisions in any City charter to the contrary, municipal courts shall be authorized to impose penalty not to exceed $2,500.00 Attachment number 9 Page 20 of 24 Item # 6 21 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this Ordinance under county ordinances approved under this Ordinance shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation. 2. Under provision of this section, any person who continues to violate, knowingly and intentionally becoming a habitual violator on the same or different site will be liable for a civil penalty not to exceed $2,500.00 per day. 3. Penalties, less court costs, shall be returned to the Local Issuing Authority and deposited into the NPDES account. SECTIO VIII EDUCATIO AD CERTIFICATIO A. Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the Commission in consultation with the Division and the Stakeholder Advisory Board created pursuant to O.C.G.A. 12-7-20. B. For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the Commission present on site whenever land- disturbing activities are conducted on that site. A project site shall herein be defined as any land-disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit. C. Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this Ordinance. D. If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. 12-7- 19, then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in paragraph (4) of subsection (b) of O.C.G.A 12-7-19 and shall not be required to meet any educational requirements that exceed those specified in said paragraph. Attachment number 9 Page 21 of 24 Item # 6 22 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. Attachment number 9 Page 22 of 24 Item # 6 23 No provision of this Ordinance shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved there under or pollute any Waters of the State as defined thereby. Attachment number 9 Page 23 of 24 Item # 6 24 WHEREAS, the State Model Soil Erosion, Sedimentation and Pollution Control Ordinance was revised in 2009; WHEREAS, several new definitions and soil erosion measures pertinent to Augusta Richmond County were added in the State Model Ordinance; WHEREAS, for effective soil erosion monitoring and enforcement these items need to be added into our local Soil Erosion, Sedimentation and Pollution Control Ordinance, including changing the name of the Ordinance; THEREFORE; it is determined to delete the former SESC Ordinance and adopt this new Soil Erosion, Sedimentation and Pollution Control Ordinance in its entirety. ATTEST: Signature____________________________ Signature____________________________ Effective____________________________ Attachment number 9 Page 24 of 24 Item # 6 GROUDWATER RECHARGE PROTECTIO ORDIACE FOR AUGUSTA, GEORGIA Development Document #12 Augusta, Georgia Updated July 2011 Attachment number 10 Page 1 of 13 Item # 6 2 ORDINANCE NO. ______ AN ORDINANCE TO AMEND TITLE 8 OF THE AUGUSTA- RICHMOND COUNTY CODE SO AS TO ADD A NEW CHAPTER 6 ENTITLED “GROUNDWATER RECHARGE AREA PROTECTION”; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS: Section 1. The Augusta, Georgia Code, Title 8, is hereby amended by adding a new Chapter 6 as follows: CHAPTER 6 GROUDWATER RECHARGE PROTECTIO § 8-6-1. AUTHORITY. The Official Code of Georgia Annotated § 12-2-8 requires that certain minimum standards shall be adopted by local governments to protect groundwater recharge areas. This Ordinance conforms to these minimum standards and also the minimum standards of Chapter 391-3-316, Rules for Environmental Planning Criteria, Georgia Department of Natural Resources Environmental Planning Division. § 8-6-2 SHORT TITLE This Ordinance shall be known as the Groundwater Recharge Area Protection Ordinance of Augusta, Georgia. § 8-6-3 PURPOSE In order to provide for the health, safety and welfare of the public and a healthy economic climate within Augusta, Georgia and surrounding communities, it is essential that the quality of public drinking water be ensured. For this reason, it is Attachment number 10 Page 2 of 13 Item # 6 3 necessary to protect the subsurface water resources that Augusta, Georgia and surrounding communities rely on as sources of public water. Groundwater resources are contained within aquafiers, which are permeable, rock strata occupying vast regions of subsurface. These aquafiers are replenished by infiltration of surface water runoff in zones of the surface known as groundwater recharge areas. Groundwater is susceptible to contamination when unrestricted development occurs within significant groundwater recharge areas. It is, therefore, necessary to manage land use within groundwater recharge areas in order to ensure that pollution threats are minimized. § 8-6-4 OBJECTIVES The objectives of this ordinance are: (a) Protect groundwater quality by restricting land uses that generate, use or store dangerous pollutants in recharge areas; (b) Protect groundwater quality by limiting density of development; and (c) Protect groundwater quality by ensuring that any development that occurs within the recharge area shall have no adverse effect on groundwater quality.; § 8-6-5 ESTABLISHMET OF A GROUDWATER RECHARGE AR EA DISTRICT. A Groundwater Recharge Area District is hereby established which shall correspond to all lands within the jurisdiction of Augusta, Georgia except for those lands which lie to the east of the Center of Georgia Railroad as shown on the map of Most Significant Groundwater Recharge Areas of Georgia. Attachment number 10 Page 3 of 13 Item # 6 4 § 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 Attachment number 10 Page 4 of 13 Item # 6 5 authority to enter upon privately owned land for the purpose of performing their duties under this ordinance and may take or cause to be made such examinations, surveys or sampling as Augusta, Georgia deems necessary. The Director of Public Works shall have authority to enforce this ordinance and address violations or threatened violations hereof by issuance of violation notices administrative orders and civil and criminal actions. All costs, fees and expenses in connection with such actions may be recovered as damages against the violator. (b) Law enforcement officials or other officials having police powers shall have authority to assist the Director of Public Works in enforcement. (c) Any person who commits, takes part in or assists in any violation of any provision of this Ordinance shall be fined not more than $500 for each offense. Each violation shall be a separate offense and, in the case of continuing violation, each day’s continuance shall be deemed to be a separate and distinct offense. (d) The Director of Public Works shall have the authority to issue cease and desist orders in the event of any violation of this Ordinance. Cease and desist orders may be appealed to a court of competent jurisdiction, as identified in § 8-6-12. (e) When a building or other structure has been constructed in violation of this Ordinance, the violator shall be required to remove the structure. (f) When removal of vegetative cover, excavation or fill has taken place in violation of this Ordinance, the violator shall be required to restore the affected land to its original contours and to restore vegetation, as far as practicable. Attachment number 10 Page 5 of 13 Item # 6 6 § 8-6-11 GROUDWATER PROTECTIO STADARDS Within the Groundwater Recharge Area District, the following minimum standards shall apply: (a) Waste Disposal Facilities. All new waste disposal facilities must have synthetic liners and leachate collection systems. (b) Agricultural Impoundments. New agricultural impoundments shall meet the following requirements: (i) For areas of high susceptibility, a liner shall be provided that is approved by the U. S. Soil Conservation Service (SCS). (ii) For areas of medium susceptibility, an SCS-approved liner shall be provided if the site exceeds 15 acre feet. (c) Land Disposal. No land disposal of hazardous waste shall be permitted within any Significant Groundwater Recharge Area. (d) Spill and Leak Protection. For all Significant Groundwater Recharge Areas, the handling, storage and disposal of hazardous materials shall take place on an impermeable surface having spill and leak protection approved by the Georgia Department of Natural Resources, Environmental Protection Division (EPD). (e) Secondary Containment. For all Significant Groundwater Recharge Areas, new above-ground chemical or petroleum storage tanks larger than 660 gallons must have secondary containment for 110 percent of tank volume or 110 percent of the largest tanks in a cluster of tanks. (f) Wastewater Basins. For High Pollution Susceptibility Areas, new waster-water treatment basins shall be an impermeable liner approved by EPD. Attachment number 10 Page 6 of 13 Item # 6 7 (g) Stormwater Basins. For High Pollution Susceptibility Areas, no new stormwater infiltration basins may be constructed. (h) Wastewater Spray and Sludge Operation. For High Pollution Susceptibility Areas, wastewater spray irrigation systems or the land spreading of wastewater sludge shall be practiced in accordance with Department of Natural Resources criteria for slow rate land treatment. An application for a development permit for activities involving wastewater spray irrigation or land spreading of wastewater sludge must be accompanied by proof that the applicant has received a Land Application System permit from EPD. (i) Minimum Lot Sizes and Septic Systems. New homes served by septic tank/drain systems shall conform to minimum lot size requirements identified in Tables 1-3 below. (Note: No construction may proceed on a building permit or mobile home to be served by a septic tank without approval of the proposed septic system by the Richmond County Health Department). The following shall be exempted from all provisions of this Ordinance related to lot size: (a) Lots which are included on an “Overall Concept Plan” per Section 104.3 of the Subdivision Regulations, or a “Sketch Plan” per Section 200.1 of the Subdivision Regulations and submitted prior to 5:00 p.m. on the date of adoption of this Ordinance; and (b) Lots which are included on a “Development Plan” per Article III of the Subdivision Regulations and submitted prior to 5:00 p.m. on December 31, 1998; and Attachment number 10 Page 7 of 13 Item # 6 8 (c) “Lots of record” (as defined herein) prior to 5:00 p.m. on December 31, 1998. TABLE 1: Minimum Lot Size Requirements. Source: DHR Manual for On-Site Sewerage Management Systems. Pollution Susceptibility New Homes Served by Septic Systems New Mobile Homes Served by Septic Systems High 150% of minimum lot sizes specified in Table 2 150% of minimum lot sizes specified in Table 3 Medium 125% of minimum lot sizes specified in Table 2 125% of minimum lot sizes specified in Table 3 Low 110% of minimum lot sizes specified in Table 2 110% of minimum lot sizes specified in Table 3 TABLE 2. Single Family Home Minimum Lot Size where served by On-Site Septic Tank Systems. Source: DHR Manual for On-Site Sewerage Management Systems. SOIL GROUP (SEE APPENDIX) SLOPE OF LOT (%) 1 2 3 4 5 MINIMUM LOT SIZE SQUARE FEET 0-5 30000 390000 48000 51000 60000 5-15 33000 42000 51000 54000 66000 15-25 36000 45000 54000 57000 N/A 25-35 39000 48000 57000 60000 N/A TABLE 3. Mobile Home Parks Lot Size where served by On-Site Septic Tank Systems. Source: DHR Manual for On-Site Sewerage Management Systems. SOIL GROUP (SEE APENDIX) SLOPE OF LOT (%) 1 2 3 4 5 MINIMUM LOT SIZE SQUARE FEET 0-5 10000 13000 16000 17000 20000 5-15 11000 14000 17000 18000 22000 15-25 15000 18000 18000 19000 N/A 25-35 13000 16000 19000 20000 N/A Attachment number 10 Page 8 of 13 Item # 6 9 § 8-6-12 JUDICIAL REVIEW. (a) Jurisdiction. All final decision of Augusta, Georgia concerning detail, approval or conditional approval of a permit shall be reviewable by appeal to the Superior Court of Richmond County. The procedure for said appeal shall be the same as an appeal to the Superior Court from any decision made by the Probate Court as provided by the laws of Georgia, except that said appeal shall be filed within thirty (30) days from the date of the decision of denial, approval or conditional approval; and upon failure to file said appeal within thirty (30) days, the decision of denial, approval or conditional approval shall be final. (b) Alternative Actions. Based on these proceedings and the decision of the court, Augusta, may within a time specified by the court, elect to: (i) Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant’s land; (ii)Approve the permit application with lesser restrictions or conditions (i.e., grant a variance); or (iii) Institute other appropriate actions ordered by the court that fall within the jurisdiction of Augusta, Georgia. § 8-6-13 AMEDMETS These regulations may, from time to time, be amended in accordance with procedures and requirements in the general statutes and as new information becomes available. Attachment number 10 Page 9 of 13 Item # 6 10 § 8-6-14 ASSESSMET RELIEF . Assessors and boards of assessors shall consider the requirements of these regulations in determining the fair market value of land. § 8-6-15 SEPARABILITY AD ABROGATIO. All sections and subsections of this ordinance are considered separate and distinct. Should any section, subsection, paragraph or part of this ordinance be declared by a court of jurisdiction to be invalid for any reason, it shall not invalidate any other section, subsection, paragraph or part of this ordinance. § 8-6-16 DEFIITIOS (a) Aquifer – Any stratum (rock layer) or zone of rock beneath the surface of the earth capable of containing or producing water from a well. (Note: This is the same definition used in the Groundwater Use Act). (b) Groundwater Recharge Area (synonymous with Aquifer Recharge Area) – An area of the Earth’s surface where water infiltrates the ground, thereby replenishing the groundwater supplies within an aquifer. (c) Lot of Record – A parcel of land the dimensions of which are shown on a map on file with the Clerk of Superior Court of Richmond County, Georgia, or in common use by county officials, and which actually exists as so shown, or any part of such parcel held in a recorded ownership separate from the ownership of the remainder thereof. (d) Pollution Susceptibility – The relative vulnerability of groundwater to pollution from chemical spills, leaching of pollutants from dump sites, animal waste Attachment number 10 Page 10 of 13 Item # 6 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 Page 11 of 13 Item # 6 12 APPEDIX SOIL GROUPIGS FOR USE WITH MIIMUM LOT SIZE TABLES Group 1 – Well drained to excessively drained Group 4 – Well drained to moderately well drained soils with percolation rates from <5 to 10 min./in. soils with percolation rates from 60 to 90 min./in. Also poorly drained soils with percolation rates from AgB – Ailey loamy sand, 2 to 5% slopes 10 to 15 min./in. AgC – Ailey loamy sand, 5 to 8% slopes AgD – Ailey loamy sand, 8 to 12% slopes DgA – Dogue fine sandy loam, 0 to 3% slopes FsB – Fuquay loamy sand, 1 to 5% slopes DhA – Dogue Urban land complex, 0 to 3% slopes FuC – Fuquay Urban land complex, 2 to 8% slopes GgB – Georgeville loam, 2 to 6% slopes LkB – Lakeland sand, 2 to 5 % slopes GgC – Georgeville loam, 6to 10% slopes LkC – Lakeland sand, 5 to 10% slopes GhC – Georgeville Urban land complex, 2 to 8% LkD – Lakeland sand, 10 to 17% slopes slopes LmB – Lucy loamy sand, 1 to 5% slopes GoE – Goldston slaty silt loam, 10 to 25% slopes LmC – Lucy loamy sand, 5 to 8% slopes GvB – Grover sandy loam, 2 to 6% slopes LmD – Lucy loamy sand, 8 to 15% slopes GvC – Grover sandy loam, 6 to 10% slopes TwB – Troup fine sand, 1 to 5% slopes MkB – Mecklenburg loam, 2 to 6 % slopes TwC – Troup fine sand, 5 to 10% slopes WeC - Wedowee fine sandy loam, 6 to 10% slopes TwD – Troup fine sand, 10 to 17% slopes WeD – Wedowee fine sandy loam, 10 to 15% slopes TxC – Troup Urban land complex, 1 to 8 % slopes WuC – Wedowee Urban land complex, 6-10% slopes UaA – Udorthents, 0 to 2% slopes WuD – Wedowee Urban land complex, 10-15% slopes Uc - Udorthents, sandy and loamy WvB –Wickham Urban land complex, 2 to 6% slopes Ud - Urban land VaC – Vaucluse-Ailey complex, 5 to 8% slopes Group 5 – Poorly drained soils that have watertables VaD – Vaucluse-Ailey complex, 8 to 17% slopes very near the surface with percolation rates from 5 to VuC – Vaucluse-Urban land complex, 5 to 8% slopes 10 min./in. VuD – Vaucluse Urban land complex, 8 to 17% slopes Av – Altavista sandy loam, 0 to 2% slopes Group 2 – Well drained to moderately well drained BO – Bibb and Osier soils soils with percolation rates from 10 to 30 min./in. Ca – Chastain loam CC – Chewacla – Chastain association FeA – Faceville sandy loam, 0 to 2% slopes CR – Chewacla – Riverview association FeB – Faceville sandy loam, 2 to 5% slopes HZ – Hydraquents, mucky FeC – Faceville sandy loam, 5 to 8% slopes Ra – Rains loamy sand GmA – Goldsboro sandy loam Rh – Rains-Urban land complex GnA – Goldsboro-Urban land complex Ro - Riverview silt loam Rp – Riverview-Urban land complex Group 3 – Well drained to moderately well drained Rr – Roanoke loam soils with percolation rates from 30 to 60 min./in. Also includes somewhat poorly drained soils with percolation rates from 5 to 30 min./in. DoA – Dothan loamy sand, 0 to 2% slopes DoB – Dothan loamy sand, 2 to 5% slopes DuB – Dothan-Urban land complex, 0 to 5% slopes OeA – Orangeburg loamy sand, 0 to 2% slopes OeB – Orangeburg loamy sand, 2 to 5% slopes OeD – Orangeburg loamy sand, 8 to 15% slopes OsC – Orangeburg sandy loam, 5 to 8% slopes Attachment number 10 Page 12 of 13 Item # 6 13 Attachment number 10 Page 13 of 13 Item # 6 WATER SUPPLY WATERSHED PROTECTIO ORDIACE FOR AUGUSTA, GEORGIA Development Document #13 Augusta, Georgia Updated July 2011 Attachment number 11 Page 1 of 5 Item # 6 CHAPTER 7 WATER SUPPLY WATERSHED PROTECTION ORDINANCE § 8-7-1. AUTHORITY. The Augusta Commission was authorized by the Home Rule Provision of the constitution of the State of Georgia of 1983 to: establish planning commissions; provide for the preparation and amendment of overall plans for the orderly growth and development of municipalities and counties; provide for the regulations of structures on mapped streets, public building sites, and public open spaces; repeal conflicting laws; and for other purposes. The Augusta Planning and Development Department, created and organized under the terms of the aforementioned Home Rule Provision, has made a study and analysis of the provisions of O.C.G.A. §12-2-8 and Chapter 391-3-16, Rules for Environmental Planning Criteria, Georgia Department of natural Resources, environmental Planning Division, and determined that this Water Supply Watershed Protection Ordinance conforms to the minimum requirements. § 8-7-2. PURPOSE. In order to provide for the health, safety, and welfare of the public and a healthy economic climate within Augusta-Richmond County, it is essential that the quality of public drinking water be assured. The ability of natural systems to filter stormwater runoff can be threatened by unrestricted urban and suburban development. Land disturbing activities associated with development can increase erosion and sedimentation tht threatens the storage capacity of reservoirs. In addition, stormwater runoff, particularly from impervious surfaces, can introduce toxicants, nutrients, and sediment Attachment number 11 Page 2 of 5 Item # 6 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. Attachment number 11 Page 3 of 5 Item # 6 (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. Attachment number 11 Page 4 of 5 Item # 6 (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 Page 5 of 5 Item # 6 Cover Memo Item # 7 Cover Memo Item # 7 Cover Memo Item # 8 Attachment number 1 Page 1 of 2 Item # 8 Attachment number 1 Page 2 of 2 Item # 8 Cover Memo Item # 9 Attachment number 1 Page 1 of 2 Item # 9 Attachment number 1 Page 2 of 2 Item # 9 Cover Memo Item # 10 Cover Memo Item # 10 BUDGET AMENDMENT #1 FOR 2011 AUGUSTA REGIONAL AIRPORT AT BUSH FIELD REVENUE 551081106 3481110 Transient Aircraft Hangar Parking 3492104 General Aviation Misc 3492105 General Aviation Ramp Fees 3492108 Facilities Use Fees 3492109 Grd Handling Fees 3492112 AvJet Fuel Revenue 3492117 Desc fuel Sales 3492202 Charter Landing Fees 3492203 GA Landing Fees 3492204 In To Plane Sales 551081101 3492503 Std Aero/Garret Aviation 551081103 3492109 Ground Handling Fees 3492201 Airline Landing Fees 551081104 3492511 Vehicle maint labor 3492512 Vehicle maint parts 389110 misc income EXPENSES 5239110 Contract Labor 551081113 5232112 cell phone 5235112 travel expenses 5212999 professional services 551081106 5315120 avjet fuel Net Increase in Revenue Note: The following budget amendment was 551081201 3899910 Prior Period Income 5412110 Site Improvements Front of the Terminal Parking Improvements Budget amendment for the FBO and employ 551081206 3899910 Prior Period Income 5413130 Building Construction 551081206 3899910 Prior Period Income Attachment number 1 Page 1 of 4 Item # 10 5413130 Building Construction 551081206 3899910 Prior Period Income 5413130 Building Construction Attachment number 1 Page 2 of 4 Item # 10 2,000.00 15,000.00 200,000.00 (18,000.00) (12,000.00) (5,000,000.00) 650,000.00 (45,000.00) 140,000.00 7,500,000.00 (174,000.00) 70,000.00 20,000.00 4,000.00 3,200.00 3,000.00 3,358,200.00 148,320.00 800.00 2,000.00 65,000.00 2,500,000.00 2,716,120.00 642,080.00 t was done for Capital project. 2,500,000.00 2,500,000.00 ents ployee parking project 3,446,000.00 3,446,000.00 79,470.00 Attachment number 1 Page 3 of 4 Item # 10 79,470.00 45,480.00 45,480.00 Attachment number 1 Page 4 of 4 Item # 10 Cover Memo Item # 11 Cover Memo Item # 11 Attachment number 1 Page 1 of 2 Item # 11 Attachment number 1 Page 2 of 2 Item # 11 Attachment number 2 Page 1 of 2 Item # 11 Attachment number 2 Page 2 of 2 Item # 11 Cover Memo Item # 12 Cover Memo Item # 12 Attachment number 1 Page 1 of 8 Item # 12 Attachment number 1 Page 2 of 8 Item # 12 Attachment number 1 Page 3 of 8 Item # 12 Attachment number 1 Page 4 of 8 Item # 12 Attachment number 1 Page 5 of 8 Item # 12 Attachment number 1 Page 6 of 8 Item # 12 Attachment number 1 Page 7 of 8 Item # 12 CHOATE CONSTRUCTION: AUGUSTA-RICHMOND COUNTY: By: David Copenhaver, Mayor Name: Title: Attest: Attest: Clerk (Seal) Corporate Secretary/Assistant Secretary (Seal) AUGUSTA AVIATION COMMISSION Chairman, Aviation Commission Approved As To Form: ____________________________________ County Attorney Attachment number 1 Page 8 of 8 Item # 12 Cover Memo Item # 13 Page 1 of 4 MEMORANDUM OF UNDERSTANDING BETWEEN AUGUSTA, GEORGIA AND THE AUGUSTA CANAL AUTHORITY FOR THE AUGUSTA CANAL NATIONAL HERITAGE AREA WHEREAS, The Augusta Canal (CANAL) was constructed in 1845 for the purpose of providing transportation, water supply and hydro mechanical power, and; WHEREAS, the CANAL still functions today for the three original purposes for which it was built, and; WHEREAS, the U. S. Department of the Interior in recognition of the historical significance of the CANAL has listed it on the National Register of Historic Places and further designated it as a National Historic Landmark, and; WHEREAS, Augusta, Georgia (AUGUSTA) owns the CANAL and certain properties adjacent to the CANAL, and; WHEREAS, the CANAL and AUGUSTA owned property adjacent to the CANAL lies within the boundary of the congressionally designated Augusta Canal National Heritage Area (ACNHA) pursuant to the Omnibus Parks and Public Management Act of 1996 (P. L. 104-333, Division II, Title III, Section 301), and; WHEREAS, the Augusta Canal Authority (AUTHORITY) is designated as the management entity for the ACNHA pursuant to the congressional designation, and; WHEREAS, AUGUSTA and AUTHORITY have cooperated since the AUTHORITY was created in 1989 in the management and maintenance of the CANAL as a public resource, and; WHEREAS, the AUTHORITY has prepared a Master Plan and Management Plan (PLAN) for the ACNHA, and; WHEREAS, AUGUSTA and the AUTHORITY desire to preserve and develop the CANAL pursuant to the PLAN for the use and benefit of future generations, and; WHEREAS, the AUTHORITY has and continues to construct projects and implement proposals as outlined in the PLAN on property owned by AUGUSTA within the boundaries of the ACNHA, and; WHEREAS, AUGUSTA and the AUTHORITY desire to clarify and document the roles and responsibilities of the AUGUSTA and the AUTHORITY in the preservation, maintenance and development of the CANAL¶Vhistoric, recreational and economic resources, and; Attachment number 1 Page 1 of 4 Item # 13 Page 2 of 4 NOW THEREFORE IT IS HEREBY AGREED, between AUGUSTA and AUTHORITY as follows: 1. Access. Except for the area of the CANAL where the Raw Water Pumping Station is located, the AUTHORITY shall have unlimited and unrestricted access to the CANAL and adjacent AUGUSTA owned property within the boundaries of the ACNHA for purposes of maintenance, approved construction and installation of approved projects and facilities consistent with the PLAN. 2. Term. This Memorandum of Understanding shall be for a period of twenty (20) years and may be extended for an additional period of time as agreed by both parties. 3. Development and maintenance responsibilities of AUTHORITY. The AUTHORITY shall be responsible for maintenance activities related to the following: A) 1875 Headgate Lock Gates. B) Petersburg Boat Dock at Headgates. C) Canoe/Kayak dock in canal. D) Access stair from towpath to Savannah River at pedestrian bridge. E) Pedestrian Bridge at Reed Creek. F) Floating Boat Docks at Bulkhead Gates. G) Pedestrian Bridge at Bulkhead Gates. H) Sibley Mill Gates and Intake. I) King Mill Gates and Intake. J) Enterprise Mill Gates and Intake. K) Petersburg Boat Dock at Enterprise Mill. L) 12th Street Dam Structure on 3rd level of canal. M) Directional, interpretive and informative signage. N) Towpath and trails. O) Mowing of grass and trimming trees and brush; and mowing of grass on steep slopes of the Canal, provided that AUGUSTA provides a slope mower to be used for this purpose. Attachment number 1 Page 2 of 4 Item # 13 Page 3 of 4 4. Maintenance responsibilities of AUGUSTA. The AUGUSTA shall be responsible for maintenance activities related to the following: A) Headgate Building, Gates and Lock Walls. B) Augusta Diversion Dam. C) The Raw Water Pumping Station including buildings, grounds, hydro units, intakes, discharges, raw water pipe above and below the CANAL, wooden access bridge at Riverlook Drive, and ancillary facilities related thereto. D) Canal structures including the Reed Creek Gate; Rock Creek Gate; Long Gate Spillway; Tin House Gate; Bridge over Long Gate Spillway; Bulkhead Gate; Eve Street Bridge; %URDG6WUHHW%ULGJH :HLJOH¶V*DWH %XWW0HPRULDO%ULGJH St. Sebastian Bridge over 1st level of CANAL; 13th Street Gatehouse; 13th Street Bridge over 1st level of CANAL; Fenwick Street Bridge; Dam and gates at former site of Blanche Mill on 2nd level of &$1$/ +DZN¶V*XOOH\GDPDQGJDWHV %URDG6WUHHW%ULGJHDWrd level of CANAL; 15th Street Bridge over 3rd level of CANAL; St. Sebastian Bridge over 3rd level of CANAL; Greene Street Bridge over 3rd level of CANAL; 13th Street Bridge at 3rd level of CANAL; 12th Street Bridge at 3rd level of CANAL; Gates under 13th Street at 3rd level of CANAL; 12th Street Dam Structure on 3rd level of canal; 11th Street Bridge at 3rd level of CANAL; 9th Street Bridge at 3rd level of CANAL; Walton Way Bridge at 3rd level of CANAL; 8th Street Bridge at 3rd level of CANAL; Dam and gates at King Street at 3rd level of CANAL; and, 7th Street Bridge at 3rd level of CANAL. E) Water, sanitary sewer and storm drainage pipes that cross either above or below the CANAL at numerous locations. F) Goodrich Street. G) Major CANAL bank failure. H) Removal of large trees that have fallen or constitute a safety hazard. 5. Coordination. Prior to the initiation of any major construction activities within the ACNHA, the AUGUSTA and the AUTHORITY will each provide copies of such construction plans for their respective review and comment. The AUGUSTA and AUTHORITY will also periodically coordinate with each other as may be required in providing special services and programs within the ACNHA. 6. Sale of AUGUSTA Property. Prior to the sale of any AUGUSTA owned property abutting the CANAL or within the boundaries of the ACNHA, AUGUSTA will offer the AUTHORITY the first opportunity to purchase the property at a price defined by a third Attachment number 1 Page 3 of 4 Item # 13 Page 4 of 4 party appraisal or other mutually agreeable terms. If a price is not agreed upon, AUGUSTA shall contract with the AUTHORITY to plan, remediate, market, or otherwise prepare for the development of the property in a manner that promotes economic development and which follows the PLAN and/or promotes the beautification or further use of the canal. Proceeds from the sale of any part of an Augusta owned property shall be retained by AUGUSTA after subtracting AUTHORITY expenses. 7. Conflicts. If there is any conflict between the provisions of this agreement and the )HGHUDO (QHUJ\ 5HJXODWRU\ &RPPLVVLRQ¶V )(5& OLFHQVH IRU WKH RSHUDWLRQ RI WKH CANAL, the FERC license shall prevail. AUGUSTA CANAL AUTHORITY ___________________________________________ Date Print Name__________________________________ Title_______________________________________ AUGUSTA, GEORGIA ____________________________________________ Date Print Name__DEKE COPENHAVER_____________ Title______MAYOR___________________________ Attachment number 1 Page 4 of 4 Item # 13 Cover Memo Item # 14 Cover Memo Item # 14 RESOLUTION TO PARTNER WITH THE GEORGIA DEPARTMENT OF REVENUE IN AN EFFORT TO ENSURE PROPER PAYMENT OF SALES TAX WHEREAS, pursuant to O.C.G.A. § 48-13-20.1, the Georgia Department of Revenue is partnering with counties and cities to enable the Department to ensure that businesses are properly compliant with state and local sales tax laws; WHEREAS, counties and cities that impose an occupation tax or regulatory fee pursuant to O.C.G.A. § 48-13-1 et seq., may pass a resolution to participate in this voluntary program; WHEREAS, Augusta-Richmond County levies an occupation tax and/or regulatory fee pursuant to O.C.G.A. § 48-13-1 et seq.; and WHEREAS, the Augusta-Richmond County Commission desires to have Augusta-Richmond County participate in this voluntary program. NOW, THEREFORE BE IT RESOLVED by the Augusta-Richmond County Commission that Augusta- Richmond County will participate in the Georgia Department of Revenue’s program to verify that businesses paying occupation taxes and regulatory fees are also paying their state and local sales tax. BE IT FURTHER RESOLVED that, upon adoption of this Resolution, any person who performs any business, occupation or profession subject to an occupation tax or regulatory fee under O.C.G.A. § 48- 13-1 et seq. is required to provide the County the following information when paying their occupation tax or regulatory fee: (a) The legal name of the business; (b) Any associated trade names for the business; (c) The mailing address for the business; (d) The actual physical address of each location of the business, if it is different than the mailing address; (e) NAICS – North American Industry Classification System Code; and (f) The sales and use tax identification number assigned to the business by the Georgia Department of Revenue, if the business is required by law to have such a number. BE IT FURTHER RESOLVED that the County will provide written notice to all persons subject to occupation tax or regulatory fees and that: (a) This information will be turned over to the Georgia Department of Revenue; or (b) If the person refuses or fails to provide the required information, the County will notify the Georgia Department of Revenue of this fact. Attachment number 1 Page 1 of 2 Item # 14 BE IT FURTHER RESOLVED that, within thirty (30) days after receiving the payment of occupation taxes or regulatory fees under O.C.G.A. § 48-13-20, the County will electronically submit the information received from each business, to the Georgia Department of Revenue. BE IT FURTHER RESOLVED that a copy of this executed Resolution will be immediately transmitted to the Commissioner of the Georgia Department of Revenue. This ___ day of ___________________, 2011. _________________________ Mayor ATTEST: _________________________ Clerk of Commission Attachment number 1 Page 2 of 2 Item # 14 Cover Memo Item # 15 Attachment number 1 Page 1 of 3 Item # 15 Attachment number 1 Page 2 of 3 Item # 15 Attachment number 1 Page 3 of 3 Item # 15 Cover Memo Item # 16 Cover Memo Item # 17 Cover Memo Item # 18 Attachment number 1 Page 1 of 2 Item # 18 Attachment number 1 Page 2 of 2 Item # 18 Attachment number 2 Page 1 of 2 Item # 18 Attachment number 2 Page 2 of 2 Item # 18 Cover Memo Item # 19 Cover Memo Item # 19 Cover Memo Item # 20 Cover Memo Item # 21 Cover Memo Item # 21 Item # 21 Attachment number 2 Page 1 of 1 Item # 21 Attachment number 3 Page 1 of 1 Item # 21 PO Box 2581 White City, OR 97503 (541) 830-8678 Fax (541) 826-2956 June 13, 2011 William Thompson Augusta Regional Airport Director of Aircraft Services 1501 Aviation Way Augusta, GA 30906 In response to the question of sole source KCI offers the following information; We were the first Company to make a portable ramp. We were the first Company to develop and use the BAR/DAQ series of ramps. In 2006 Adaptive Engineering USA GSE copied this style of ramp, and sold with limited success In August of 2008 KCI purchased Adaptive. We are the only manufacture in North America that makes any portable aircraft ramp, to include the BAR. One Company in England is attempting to develop a switch back style ramp, however to our knowledge it has not been introduced into service. All airlines from Canada to Panama are customers of KCI, to include Frontier Airlines. The current FAA guidelines for ramps AC150/5220-21B was written based on the original ramps from KCI. All KCI ramps meet these Federal requirements. Please advise if you have any further questions. Thank You, Bill Keith President/CEO Attachment number 4 Page 1 of 1 Item # 21 Cover Memo Item # 22 Cover Memo Item # 22 Attachment number 1 Page 1 of 4 Item # 22 Attachment number 1 Page 2 of 4 Item # 22 Attachment number 1 Page 3 of 4 Item # 22 Attachment number 1 Page 4 of 4 Item # 22 Cover Memo Item # 23 Cover Memo Item # 24 Attachment number 1 Page 1 of 11 Item # 24 Attachment number 1 Page 2 of 11 Item # 24 Attachment number 1 Page 3 of 11 Item # 24 Attachment number 1 Page 4 of 11 Item # 24 Attachment number 1 Page 5 of 11 Item # 24 Attachment number 1 Page 6 of 11 Item # 24 Attachment number 1 Page 7 of 11 Item # 24 Attachment number 1 Page 8 of 11 Item # 24 Attachment number 1 Page 9 of 11 Item # 24 Attachment number 1 Page 10 of 11 Item # 24 Attachment number 1 Page 11 of 11 Item # 24 Cover Memo Item # 25 Cover Memo Item # 26 Cover Memo Item # 26 Cover Memo Item # 27 Cover Memo Item # 28 Attachment number 1 Page 1 of 5 Item # 28 Attachment number 1 Page 2 of 5 Item # 28 Attachment number 1 Page 3 of 5 Item # 28 Attachment number 1 Page 4 of 5 Item # 28 Attachment number 1 Page 5 of 5 Item # 28 Cover Memo Item # 29 Cover Memo Item # 30 Cover Memo Item # 30 Attachment number 1Page 1 of 9 Item # 30 GRAVITY SEWER SYSTEM UPGRADES FOR FORT GORDON RECREATION AREA AT LAKE THURMOND SCOPE OF SERVICES & ENGINEERING COST PROPOSALS I. GENERAL The objective of this capital project is to replace the lift-station based sanitary sewer system with an 8-inch gravity sewer system that will service to the Fort Gordon Recreation Area at Thurmond Lake in Columbia County, GA. A conceptual schematic of the proposed system is attached herewith. KHAFRA will provide Engineering services for the Design, Bid and Construction phases of this project. The detailed scope of each of these phases is described as follows. II. SERVICES DURING DESIGN PHASE A. Project Description 1. Pike Avenue a. From the intersection with Deer Drive to the intersection of Bluegill Road and Bass Drive, design approximately 5,500 LF of 8-inch gravity main complete with service connections to the existing facilities on Pike Avenue. 2. Deer Drive Cabins a. From Deer Drive at the cabins to the package plant, provide design of approximately 3,300 LF of 8-inch gravity sewer complete with connection to the cabins. 3. Trout Drive Campground a. From the bath house on Trout Road to the package plant, provide design of approximately 2,000 LF of 8-inch gravity sewer complete with service connection to the existing bath house. 4. Pike Avenue Cabins a. From the cabin complex on Pike Avenue to the package plant, provide design of approximately 1,500 LF of 8-inch gravity main complete with service connections to the existing cabins. 5. Branch Line along Bluegill Road a. From the intersection of Pike Avenue and Bluegill Road, design approximately 1,000 LF of 8-inch gravity main complete with service connections to the Convention Center and RV park. 6. Branch Line along Bass Drive a. From the intersection of Bluegill Road and Bass Drive, design approximately 1,000 LF of 8-inch gravity main complete with service connections to the existing six-plexes and beach house. 7. Pike Avenue Campgrounds a. From the intersection of Pike Avenue and Bass Drive, at Campground #3, to the bath house at Campground #4, provide design of approximately 1,500 LF of 8- inch gravity sewer complete with service connection to the existing bath house. 8. Geotechnical Information a. Provide core samples along the proposed route including rock information. 9. Pump Station Design a. Provide pump station design for the replacement of any of the five existing pump stations that cannot be replaced with gravity sewer design. Attachment number 1 Page 2 of 9 Item # 30 B. Deliverables 1. 100% Ready-for-Bid package which includes: a. Plan drawings showing proposed alignments of the replacement sewer mains complete with all required fittings and connections to existing and new service lines. b. Profile drawings showing of the sewer mains and any water or stormwater crossings. c. Specifications edited from the Master Specifications furnished by AUD. d. All additional specifications required but not covered in the AUD Master Specifications. e. Standard Details required but not covered by the AUD Master Standard Details. f. Erosion and Sedimentation Control Plans, Notes, Details and BMP Certifications. It is anticipated that monitoring of the receiving water will not be required. g. Number of sets and format of the bid package will be as determined by AUD. 2. Opinions of construction costs at the 30%, 60% and 100% design levels. 3. Intermediate submittals at the 30%, 60% and 95% design completion levels for AUD’s review. Format and number of review sets will be as determined by AUD.. C. Additional Services During Design 1. Land Disturbance Permit (LDP) a. KHAFRA will coordinate with Columbia County Engineering Services and the Fort Gordon Base Civil Engineer regarding requirements of Land Disturbance permitting. b. KHAFRA will prepare documentation package in support of application for securing of the LDP. c. KHAFRA will secure LDP from County Engineering Services or Base Civil Engineer on behalf of AUD. 2. Prepare review packages for Base Civil Engineer or Columbia County Agencies having jurisdiction over erosion, sediment and pollution control, fire protection, etc. as necessary. D. Design Schedule The proposed Project Schedule through the Design Phase will be as per the attached chart. III. SERVICES DURING BID PHASE KHAFRA will perform the following tasks during the bidding phase of this project: 1. Coordinate with Augusta-Richmond County Procurement Department 2. Attend and provide assistance to AUD in conducting the Pre-Bid conference. 3. Address RFI’s from potential bidders. 4. Assist AUD in issuance of addendums. 5. Attend Bid Opening meeting. 6. Prepare Bid Tabulations. 7. Evaluate Bids and prepare recommendations to AUD. 8. Prepare Conformed Plan and Specifications. Attachment number 1 Page 3 of 9 Item # 30 IV. SERVICES DURING CONSTRUCTION PHASE A. Construction Period 1. Construction duration assumed to be 180 calendar days from the issuance of Notice- To-Proceed to the winning contractor. B. Office Engineering 1. KHAFRA will perform the following tasks during the construction phase of this project: 2. Attend and provide assistance to AUD in conducting the Pre-construction conference. 3. Review contractor’s submittals. 4. Address RFI’s from contractor. 5. Assist AUD in issuance of change orders if necessary. 6. Attend Project progress meetings on a monthly basis. 7. Perform site visits and prepare reports to AUD on a weekly basis. 8. Assist AUD in final inspect ion at substantial completion. 9. Assist AUD in preparing final punch list. 10. Prepare as-built documents based on information provided by the contractor’s field records. V. ENGINEERING COST PROPOSALS A. Design Phase The proposed Engineering cost for performing the above specified services during Design Phase is $157,000. Itemized breakdown of the costs is detailed on Pages 1 & 2 of the attached Engineering Cost Proposal. B. Bid Phase The proposed Engineering cost for performing the above specified services during Bid Phase is $22,396. Itemized breakdown of the costs is detailed on Page 3 of the attached Engineering Cost Proposal. C. Construction Phase The proposed Engineering cost for performing the above specified services during Construction Phase is $48,162. Itemized breakdown of the costs is detailed on Page 4 of the attached Engineering Cost Proposal. Attachment number 1 Page 4 of 9 Item # 30 PROJ. MGMT.ADMIN. SURVEY P.M. P.E. J.E CLERICAL Crew PROJECT DEFINITION (30% DESIGN) PHASE SDD1 Initial Scoping Meeting 2 2 4 SDD2 Initial Site Visit 3 3 SDD3 Follow-up Site Visits 8 4 12 SDD4 Solicit Quotes from Potential Topo & Boundary Surveyors 4 4 SDD5 Solicit Quotes from Potential Geotech Surveyors 4 4 SDD6 Collect & Review Existing Information 8 8 SDD7 Prepare Project Scope and Fee Proposal 8 8 SDD8 Follow-up Meeting w/ AUD to Finalize Scope & Fee 2 2 SDD9 Prepare Topo & Boundary Surveying Scope & Contract 4 4 SDD10 Prepare Geotech Surveying Scope & Contract 4 4 SDD11 Interprete, Analyze and Incorporate Topo & Boundary Survey Data 8 8 SDD12 Interprete, Analyze and Incorporate Geotech Survey Data 8 8 SDD13 Lift Station Hudraulic Calculations (Assumed 5 Stations)20 20 SDD14 Prepare preliminary Gravity Main alignment drawings 6 8 14 SDD15 Follow-up Meeting w/ AUD to Finalize Gravity Main Alignment 4 4 SDD16 Coordinate w/ Base Civil Engineer or Columbia County Engineering Services Re: LDP 4 4 SDD17 Coordinate w/ Base Civil Engineer Re: Pavement Replacement/Open Cut 4 0 4 SDD18 Review AUD furnished Standard Details to determine additional S.D. requirements 4 6 10 SDD19 Review AUD furnished Standard Specifications to determine additional Specification requirements 6 6 SDD20 Prepare 30% Design Review Package 16.0 101 125 15 257 SDD21 Prepare 30% Design Opinion of Construction Costs 8 8 SDD22 Perform Internal QA/QC 8 8 SDD23 Project Definition Phase (30%) Workshop w/ AUD 2 2 4 Labor Hours Subtotal Project Definition (30% Design) Phase 28 222 143 15 0 408 DESIGN DEVELOPMENT (60%DESIGN) PHASE SDD24 Prepare 60% Design Review Package 16 101 125 15 257 SDD25 Prepare 60% Design Opinion of Construction Costs 8 0 8 SDD26 Perform Internal QA/QC 8 8 SDD27 Project Design Development Phase (60%) Workshop w/ AUD 2 2 4 Labor Hours Subtotal Design Development (60% Design) Phase 18 119 125 15 0 277 FINAL CONSTRUCTION DOCUMENT (100% Design)PHASE SDD28 Prepare 95% Design Review Package 16 118 146 16 296 SDD29 Perform Internal QA/QC 16 16 SDD30 Project Final Design Phase Workshop w/ AUD 2 2 4 SDD31 Prepare LDP Application, NPDES Permitting & NOI Package (Include NPDES Storm Water Monitoring Station Location Map)32 32 SDD32 Prepare GA DOT Utility Facilities Encroachment Permit Application Package 0 0 SDD32 Prepare additional Review Packages for all Agencies having jurisdiction as necessary 12 12 SDD33 Prepare Quantities Take-off and Final Opinion of Construction Costs 12 12 SDD34 Prepare 100% Biddable Package 16 20 2 38 SDD35 Design Phase Close-out 8 8 16 Labor Hours Subtotal Final Construction Document (100% Design) Phase 18 216 174 18 0 426 ENGINEERING LABOR HOURS SUBTOTAL 64 557 442 48 0 1111 HOURLY BILLING RATE 216.00$ 114.00$ 99.00$ 65.00$ 1.00$ ENGINEERING COST SUBTOTAL 13,824$ 63,498$ 43,758$ 3,120$ -$ 124,200$ TOPO AND BOUNDARY SURVEY 16,000$ 16,000$ GEOTECHNICAL SURVEY (Soil Borings requested by AUD for rock determination)10,000$ 10,000$ OTHER DIRECT COSTS 6,800$ DESIGN PHASE GRAND TOTAL 157,000$ TASK NO.TOTAL 08AUG01 - SANITARY SEWER REPLACEMENTS FOR FORT GORDON RECREATION AREA AT THURMOND LAKE ENGINEERING COST PROPOSAL SERVICES DURING DESIGN PHASE WORK ELEMENTS CIVIL Page 1 of 4 7/7/2011 Item # 30 PROJ. MGMT.ADMIN. P.M. P.E. J.E. CLERICAL 08AUG01 - SANITARY SEWER REPLACEMENTS FOR FORT GORDON RECREATION AREA AT THURMOND LAKE ENGINEERING COST PROPOSAL DWG. NO. GENERAL DESIGN DOCUMENTS LEVEL OF EFFORTS (LOE) ENGINEERINGDRAWING TITLE TOTAL G-1 Title Sheet/Vicinity Map/Index of Drawings 1 4 5 G-2 General Notes/Legends/Abbreviations 1 3 4 G-3 Construction Notes 2 3 5 Specifications - Division 0 4 4 Specifications - Division 1 4 4 Labor Manhour Subtotal - General 0 12 10 8 30 Labor Cost Subtotal - General -$ 1,368$ 990$ 520$ 2,878$ CIVIL GENERAL C-1 Project Overall Site Plan/Existing Conditions 2 6 8 C-2 Plan & Profile - Proposed 8-inch Gravity Main STA. 0+00 to STA. 13+00 12 20 32 C-3 Plan & Profile - Proposed 8-inch Gravity Main STA. 13+00 to STA. 26+00 12 20 32 C-4 Plan & Profile - Proposed 8-inch Gravity Main STA. 26+00 to STA. 39+00 12 20 32 C-5 Plan & Profile - Proposed 8-inch Gravity Main STA. 39+00 to STA. 52+00 12 20 32 C-6 Plan & Profile - Proposed 8-inch Gravity Main STA. 52+00 to STA. 65+00 12 20 32 C-7 Plan & Profile- Proposed 8-inch Gravity Main - Deer Drive 12 20 32 C-8 Plan & Profile- Proposed 8-inch Gravity Main - Deer Drive 12 20 32 C-9 Plan & Profile- Proposed 8-inch Gravity Main - Deer Drive 12 20 32 C-10 Plan & Profile - Proposed 8-inch Gravity Main - Bluegill Road/Army Road 12 20 32 CIVIL C-10 Plan & Profile - Proposed 8-inch Gravity Main - Bluegill Road/Army Road 12 20 32 C-11 Plan & Profile - Proposed 8-inch Gravity Main - Trout Road 12 20 32 C-12 Plan & Profile - Proposed 8-inch Gravity Main - Bass Drive 12 20 32 C-13 Erosion & Sedimentation Control Plan - C-2 2 6 8 C-14 Erosion & Sedimentation Control Plan - C-3 2 6 8 C-15 Erosion & Sedimentation Control Plan - C-4 2 6 8 C-16 Erosion & Sedimentation Control Plan - C-5 2 6 8 C-17 Erosion & Sedimentation Control Plan - C-6 2 6 8 C-18 Erosion & Sedimentation Control Plan - C-7 2 6 8 C-19 Erosion & Sedimentation Control Plan - C-8 2 6 8 C-20 Erosion & Sedimentation Control Plan - C-9 2 6 8C-20 Erosion & Sedimentation Control Plan - C-9 2 6 8 C-21 Erosion & Sedimentation Control Plan - C-10 2 6 8 C-22 Erosion & Sedimentation Control Plan - C-11 2 6 8 C-23 Erosion & Sedimentation Control Plan - C-12 2 6 8 C-24 Erosion Control Certification/Notes & Legends 2 6 8 C-25 Erosion Control Details 4 2 6 C-26 Erosion Control Details 4 2 6 C-27 Lift Station Site Plans (Assumed 5 Stations)16 16 32 C-28 Lift Station Demolition Plans (Assumed 5 Stations)12 24 36 C-29 Lift Station Mechanical Plans (Assumed 5 Stations)40 40 80 C-30 Lift Stations Electrical Plans (Assumed 5 Stations)16 16 32 C-31 Miscellaneous Details 4 2 6 C-32 Miscellaneous Details 4 2 6 As Required Standard Details 2 4 6 As Required Specifications - Division 2 16 16 Specifications - Division 3 8 8 Specifications - Division 5 8 8 Specifications - Division 11 16 16 Specifications - Division 15 8 8 Specifications - Division 16 8 8 Labor Manhour Subtotal 0 324 406 40 770 Labor Cost Subtotal -$ 36,936$ 40,194$ 2,600$ 79,730$ DESIGN DOCUMENTS LOE LABOR HOURS SUBTOTAL 0 336 416 48 800 HOURLY BILLING RATE 100.00$ 114.00$ 99.00$ 65.00$ DESIGN DOCUMENTS LOE COST SUBTOTAL (Incuded in the Design Phase Total)-$ 38,304$ 41,184$ 3,120$ 82,608$ Page 2 of 4 7/7/2011 Item # 30 PROJ. MGMT. ADMIN. P.M. P.E. J.E. CLERICAL TOTAL 08AUG01 - SANITARY SEWER REPLACEMENTS FOR FORT GORDON RECREATION AREA AT THURMOND LAKE ENGINEERING COST PROPOSAL SERVICES DURING BID PHASE TASK NO.WORK ELEMENTS CIVIL BID PHASE SERVICES SDB1 Coordinate w/ Augusta Richmond County Procurement Department 16 16 SDB2 Pre-Bid Conference 2 8 10 SDB3 Bid Phase RFIs 24 32 56 SDB4 Prepare Addendums 2 40 42 SDB5 Bid Opening Meeting 2 2 4 SDB6 Prepare Conformed Documents 8 24 32 SDB7 Prepare Bid Tabulations 8 8 SDB8 Evaluate Bids and Prepare Recommendations 8 8 ENGINEERING LABOR HOURS SUBTOTAL 6 114 56 24 200 HOURLY BILLING RATE 216.00$ 114.00$ 99.00$ 65.00$ ENGINEERING COST SUBTOTAL 1,296$ 12,996$ 5,544$ 1,560$ 21,396$ OTHER DIRECT COSTS 1,000$ OTHER DIRECT COSTS 1,000$ BID PHASE GRAND TOTAL 22,396$ Page 3 of 4 7/7/2011 Item # 30 PROJECT MANAGEMENT ADMIN. P.M. P.E. J.E. CLERICAL 08AUG01 - SANITARY SEWER REPLACEMENTS FOR FORT GORDON RECREATION AREA AT THURMOND LAKE ENGINEERING COST PROPOSAL SERVICES DURING CONSTRUCTION WORK ELEMENTSTASK NO.TOTALCIVIL SDC1 Project Manager 8 8 SDC2 Attend Pre-Construction Meeting Coordinated & Conducted by AUD 2 6 2 10 SDC3 Review Contractor's Submittals 72 72 SDC4 Respond To RFI's 72 72 SDC5 Assist AUD in Preparation of Change Orders as Requested by AUD 12 24 36 SDC6 Attend 6 Monthly Construction Progress Meetings and Up To 4 Emergency Meetings as Requested by AUD 40 40 SDC7 Perform up to 10 Periodic Site Visits 40 40 OFFICE ENGINEERING SDC8 Prepare Site Visit Reports 24 24 SDC9 Prepare As-Built Drawings 8 24 32 SDC10 Project Closeout & Document Archive 8 8 16 OFFICE ENGINEERING LABOR HOURS SUBTOTAL 10 290 58 80 438 HOURLY BILLING RATE 216.00$ 114.00$ 99.00$ 65.00$ ENGINEERING COST SUBTOTAL 2,160$ 33,060$ 5,742$ 5,200$ 46,162$ ENGINEERING COST SUBTOTAL 2,160$ 33,060$ 5,742$ 5,200$ 46,162$ OTHER DIRECT COSTS 2,000$ CONSTRUCTION PHASE GRAND TOTAL 48,162$ Page 4 of 4 7/7/2011 Item # 30 Working Days 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 Notice To Proceed Design Locate 14 Perform Site Survey 30 Perform Geotechnical Survey 30 Prepare and Submit Preliminary Sewer Main Alignment 8 Prepare Budget Level Opinion of Cost 2 AUD and Base Civil Engineer Review of Preliminary Sewer Main Alignment 7 Sewer Main Alignment Meeting w/ AUD & Base Civil Engineer 1 Prepare 30% Design Plans 20 Conduct 30% QA/QC 2 30% Submittal to AUD AUD review of 30% Design Submittal 7 Prepare 60% Design Plans, Specifications and Opinion of Costs 15 Conduct 60% QA/QC 2 60% Submittal to AUD AUD review of 60% Design Submittal 7 Prepare 95% Design Plans, Specifications and Opinion of Costs 22 Conduct 95% QA/QC 2 95% Submittal to AUD/Regulatory Agencies AUD/Regulatory Agencies review of 95% Design Submittal 28 Prepare 100% Ready for Bid Design Plans and Specifications 7 100% Ready for Bid Submittal to AUD 7/ 1 8 / 1 1 7/ 1 9 / 1 1 7/ 2 0 / 1 1 7/ 2 1 / 1 1 7/ 2 2 / 1 1 7/ 2 5 / 1 1 7/ 2 6 / 1 1 7/ 2 7 / 1 1 7/ 2 8 / 1 1 7/ 2 9 / 1 1 8/ 1 / 1 1 8/ 2 / 1 1 8/ 3 / 1 1 8/ 4 / 1 1 8/ 5 / 1 1 8/ 8 / 1 1 8/ 9 / 1 1 8/ 1 0 / 1 1 8/ 1 1 / 1 1 8/ 1 2 / 1 1 8/ 1 5 / 1 1 8/ 1 6 / 1 1 8/ 1 7 / 1 1 8/ 1 8 / 1 1 8/ 1 9 / 1 1 8/ 2 2 / 1 1 8/ 2 3 / 1 1 8/ 2 4 / 1 1 8/ 2 5 / 1 1 8/ 2 6 / 1 1 8/ 2 9 / 1 1 8/ 3 0 / 1 1 8/ 3 1 / 1 1 9/ 1 / 1 1 9/ 2 / 1 1 9/ 5 / 1 1 9/ 6 / 1 1 9/ 7 / 1 1 9/ 8 / 1 1 9/ 9 / 1 1 9/ 1 2 / 1 1 9/ 1 3 / 1 1 9/ 1 4 / 1 1 9/ 1 5 / 1 1 9/ 1 6 / 1 1 9/ 1 9 / 1 1 9/ 2 0 / 1 1 9/ 2 1 / 1 1 9/ 2 2 / 1 1 9/ 2 3 / 1 1 9/ 2 6 / 1 1 9/ 2 7 / 1 1 9/ 2 8 / 1 1 9/ 2 9 / 1 1 9/ 3 0 / 1 1 10 / 3 / 1 1 10 / 4 / 1 1 10 / 5 / 1 1 10 / 6 / 1 1 10 / 7 / 1 1 10 / 1 0 / 1 1 10 / 1 1 / 1 1 10 / 1 2 / 1 1 10 / 1 3 / 1 1 10 / 1 4 / 1 1 10 / 1 7 / 1 1 10 / 1 8 / 1 1 10 / 1 9 / 1 1 10 / 2 0 / 1 1 10 / 2 1 / 1 1 10 / 2 4 / 1 1 10 / 2 5 / 1 1 10 / 2 6 / 1 1 10 / 2 7 / 1 1 10 / 2 8 / 1 1 10 / 3 1 / 1 1 11 / 1 / 1 1 11 / 2 / 1 1 11 / 3 / 1 1 11 / 4 / 1 1 11 / 7 / 1 1 11 / 8 / 1 1 11 / 9 / 1 1 11 / 1 0 / 1 1 11 / 1 1 / 1 1 11 / 1 4 / 1 1 11 / 1 5 / 1 1 11 / 1 6 / 1 1 11 / 1 7 / 1 1 11 / 1 8 / 1 1 11 / 2 1 / 1 1 11 / 2 2 / 1 1 11 / 2 3 / 1 1 11 / 2 4 / 1 1 11 / 2 5 / 1 1 11 / 2 8 / 1 1 11 / 2 9 / 1 1 11 / 3 0 / 1 1 12 / 1 / 1 1 12 / 2 / 1 1 12 / 5 / 1 1 12 / 6 / 1 1 12 / 7 / 1 1 12 / 8 / 1 1 12 / 9 / 1 1 12 / 1 2 / 1 1 12 / 1 3 / 1 1 12 / 1 4 / 1 1 12 / 1 5 / 1 1 12 / 1 6 / 1 1 12 / 1 9 / 1 1 12 / 2 0 / 1 1 12 / 2 1 / 1 1 12 / 2 2 / 1 1 12 / 2 3 / 1 1 12 / 2 6 / 1 1 12 / 2 7 / 1 1 12 / 2 8 / 1 1 12 / 2 9 / 1 1 12 / 3 0 / 1 1 1/ 2 / 1 2 1/ 3 / 1 2 1/ 4 / 1 2 1/ 5 / 1 2 1/ 6 / 1 2 1/ 9 / 1 2 1/ 1 0 / 1 2 1/ 1 1 / 1 2 1/ 1 2 / 1 2 1/ 1 3 / 1 2 1/ 1 6 / 1 2 1/ 1 7 / 1 2 1/ 1 8 / 1 2 1/ 1 9 / 1 2 1/ 2 0 / 1 2 1/ 2 3 / 1 2 1/ 2 4 / 1 2 1/ 2 5 / 1 2 1/ 2 6 / 1 2 1/ 2 7 / 1 2 1/ 3 0 / 1 2 1/ 3 1 / 1 2 2/ 1 / 1 2 2/ 2 / 1 2 2/ 3 / 1 2 2/ 6 / 1 2 2/ 7 / 1 2 2/ 8 / 1 2 2/ 9 / 1 2 2/ 1 0 / 1 2 2/ 1 3 / 1 2 2/ 1 4 / 1 2 2/ 1 5 / 1 2 2/ 1 6 / 1 2 2/ 1 7 / 1 2 2/ 2 0 / 1 2 2/ 2 1 / 1 2 2/ 2 2 / 1 2 2/ 2 3 / 1 2 2/ 2 4 / 1 2 2/ 2 7 / 1 2 2/ 2 8 / 1 2 2/ 2 9 / 1 2 3/ 1 / 1 2 3/ 2 / 1 2 3/ 5 / 1 2 3/ 6 / 1 2 3/ 7 / 1 2 3/ 8 / 1 2 3/ 9 / 1 2 3/ 1 2 / 1 2 3/ 1 3 / 1 2 3/ 1 4 / 1 2 3/ 1 5 / 1 2 08AUG01 - WATERLINE REPLACEMENT FOR FORT GORDON RECREATION AREA AT THURMOND LAKE ENGINEERING COST PROPOSAL PROJECT SCHEDULE Attachment number 1 Page 9 of 9 Item # 30 Cover Memo Item # 31 Cover Memo Item # 31 Attachment number 1 Page 1 of 2 Item # 31 Attachment number 1 Page 2 of 2 Item # 31 Cover Memo Item # 32 Cover Memo Item # 32 Cover Memo Item # 32 Attachment number 1 Page 1 of 7 Item # 32 Attachment number 1 Page 2 of 7 Item # 32 Attachment number 1 Page 3 of 7 Item # 32 Attachment number 1 Page 4 of 7 Item # 32 Attachment number 1 Page 5 of 7 Item # 32 Attachment number 1 Page 6 of 7 Item # 32 Attachment number 1 Page 7 of 7 Item # 32 Cover Memo Item # 33 P-1 REVISION DATE: September 17, 2008 I. FEE PROPOSAL PROPOSAL #: 091 (JLA Job No. 3042.1101) DATE: August 12, 2011 TO: Jerry Delaughter, Assistant Director SENT BY: Phone (706) 312-4131 Augusta Utilities Department Fax (706) 796-3031 Engineering and Construction Division Email jdelaughter@augustaga.gov 360 Bay Street, Suite 180 Augusta, GA Re: Gate No. 4 Booster Pump Station; Fort Gordon, GA By: Richard J. Laschober, P.E. Partner Scope of Services: I. Survey, Geotechnical Subsurface Investigation and Report & Environmental Services: A. Survey 1. Prepare Survey Plat of approximate 1 acre booster pump station site GHILQHG LQ -/$·V conceptual studies as Site No. 1, located on the west side of Willis Foreman Rd. mostly on Parcel 138-0-014-00-0 and partly on Parcel 138-0-006-00-0. 2. Prepare location and topographic survey on state plane coordinate system and USGS datum for the area defined in above item no. 1 and for the routing of supply and discharge lines for the Gate No. 4 booster pump station (BPS) from connection WRWKHSURSRVHGµ water main located on the east side of Willis Forman Rd. and running west Willis Foreman Rd. to the proposed booster pump station site on the west side of Willis Foreman Rd located mostly on rear portion Parcel 138-0-014-00-0 and partly on Parcel 138-0-006-00-0. B. Geotechnical Exploration and Report: Perform soil borings for Site No. 1 described above for the proposed BPS station as necessary to adequately define subsurface conditions in the contract documents and to design the BPS building foundations and trench installations. C. Environmental Studies, Assessments, etc.: Based on a cursory review of the BPS area and related water line work within the right-of-way, the need for environmental studies such as with respect to jurisdictional wetlands, etc. are not anticipated. A $5,000 contingency budget is included in this contract proposal to cover limited unanticipated environmental services. II. Engineering-Conceptual through Design Phase: A. Conceptual Design 1. Prepare conceptual design of line routing and booster pump station real estate requirements to the extent necessary to identify alternative booster pump site locations and work with AUD property procurement to make recommendation for meets and bounds of plat for Attachment number 1 Page 1 of 8 Item # 33 P-2 August 12, 2011 purchase of property. $VDUHVXOWRIDPHHWLQJDW$8'·VRIILFHRQ-XO\ZKHUH-/$ reviewed the final result of the conceptual design, the BPS site and offsite water line routing SUHVHQWHGRQGUDZLQJ¶6LWH1·was agreed to be the most favored scheme with respect to land procurement issues. 2. Prepare conceptual phase cost estimate. Note: JLA prepared and submitted a Design Basis, Design Narrative and Commentary on Budget cost estimate dated July 19, 2011 as a result of preliminary meetings with AUD. As a result of a follow-up meeting on July 22, 2011 the decision was made to proceed with Site 1. B. Design Development and Contract Document Plans and Specifications: 1. Coordinate field testing of water system and hydraulic modeling efforts with AUD personnel. 2. Prepare contract documents including: a. Clearing b. Earthwork c. Foundation, slab, and building shell construction, and MEP design. d. Building Plans and Details e. BPS interior piping and valves, f. BPS site valve vaults, etc. g. Fence h. Paving i. BPS and site lighting. j. Green Space plan (if required) k. The following will be included on drawings. JLA reserves the right to combine the following plan information on drawings where appropriate for this project. 1) Cover Sheet - will include drawing index, location map and project data 2) Project Notes Sheet ² will include general and regulatory required notes, legend and abbreviations. 3) Existing Conditions Plan ² based on topographical and utility survey provided by JLA. 4) BPS Site Layout Plan - will include proposed BPS location, access driveway, fence, etc. Horizontal control for the purposes of locating civil hardscape and proposed BPS building will be included on this plan sufficient for construction staking. 5) BPS Grading & Drainage Plan - will include finished ground surface elevations of the exterior of the new BPS. Finished foundation and floor elevations, above ground improvements, site contour grading (with key spot elevations). 6) Water Supply and Discharge Routing Plan and Profile - will depict a comprehensive utility location presentation. JLA will indicate existing conditions and the locations of proposed utilities on the BPS site and offsite along the proposed supply and discharge line routing. 7) Erosion, Sedimentation, and Pollution Control Plan & Details- will indicate minimum standards for erosion control measures and practices that are Attachment number 1 Page 2 of 8 Item # 33 P-3 August 12, 2011 appropriate during the construction sequence to assist the contractor in minimizing erosion. This plan will comply with the general requirements of the NPDES (National Pollutant Discharge Elimination System) General Permits adopted by the State. 8) Green Space Plan and Details ² will be prepared and will address only minimum requirements required by local authorities under their tree ordinance or tree preservation code. 9) Construction Details - will consist of typical site development details for items specified on the plans provided under this task. 3. Front-End Documents and Technical Specifications 4. JLA will assist the City in obtaining the required approvals from Augusta-Richmond County for a Land Disturbance Permit. This assistance will include attending agency- required meetings, preparing information for submittal, filing forms, printing drawing sets for approval and following up with County departments to inquire upon the progress of the plan review. C. Engineering ² Procurement Phase 1. Provide contract documents (drawings and specifications) to City and their CM at Risk. 2. Attend procurement meetings, as requested, and provide addenda. 3. Assist the City and their CM at Risk their in their evaluation and tabulation of bids and recommendation of lowest qualified bidder, as requested. D. Engineering ² Construction Phase 1. Review shop drawings and materials submittals. 2. Respond to requests for information and provide technical support to City s and their CM at Risk, as required. 3. Inspections: Full or part-time resident inspections will be provided by the &LW\·VCM at Risk. JLA will attend site meetings as requested by the City and their CM as Risk as related to specific issues and key inspections. 4. Participate in the semi and final inspection with City and CM at Risk personnel, as requested. 5. Project Closeout: Provide as-built drawings from data provided by the City. III. Compensation for Basic Professional Services A. Survey, Geotechnical and Environmental Services - (Paragraphs I.A-C) $ 11,600 B. Basic Engineering Services ² (Paragraphs II. A-D) $80,900 C. Total Fee (Paragraphs III.A & B) $ 92,500 IV. Schedule for Performance (See Section II) V. Listing of Key personnel (See Section III) VI. Items Provided by City, Not Anticipated for this Project, and Additional Services: Attachment number 1 Page 3 of 8 Item # 33 P-4 August 12, 2011 A. The following list of items that are excluded from the Lump Sum portion of this Proposal and are to be provided by City: 1. Review and permit fees by government agencies (By City) B. The following items are not included in the Lump Sum Bid and are not anticipated for this project: 1. Rezoning Plans 2. Rezoning Coordination/Meeting Attendance/Assistance 3. Zoning Amendments and/or special variances 4. Advertising and Distribution of Bid Set Documents 5. Final Grade Certification 6. Title Reports 7. Wastewater lift stations and on-site treatment 8. Offsite utilities routing including easements, etc., with the exception of BPS related water supply and discharge lines. 9. Routing outflow from detention facility offsite to a remote discharge point (i.e. pipe, ditch, etc.) 10. Monitoring and Inspections and related documentation to comply with NPDES (National Pollutant Discharge Elimination Systems) General Permit, including monitoring and inspections (By others). 11. Wetlands delineation, permitting, mitigation plans etc. 12. FEMA floodplain study, no-rise determination, mitigation plans etc. C. The following items are optional and, if requested by City, shall be provided on a time and expense basis: 1. Full or part-time resident inspection. 2. Attendance at out-of-town meetings or conferences required by the City. 3. Services requested by the City not specifically addressed in this proposal. Attachment number 1 Page 4 of 8 Item # 33 P-5 August 12, 2011 ATTACHMENT B ² COMPENSATION ² FEE PROPOSAL Fee Schedules for Additional & Special Services Johnson, Laschober & Associates, P.C. (Engineering Services) Principal ............................................................................................ $200.00/Hr. Sr. Engineer / Sr. Project Manager ................................................ $180.00/Hr. Engineer / Project Manager ........................................................... $130.00/Hr. Engineer / Assistant Project Manager .......................................... $115.00/Hr. Engineer I ......................................................................................... $100.00/Hr. Engineer II ......................................................................................... $ 90.00/Hr. (QLJQHHU,,,««««««««««««««««««««««+U Designer I .......................................................................................... $ 90.00/Hr. Designer II ......................................................................................... $ 82.00/Hr. CAD Operator ................................................................................. $ 70.00/Hr. Survey Field Crew ........................................................................... $135.00/Hr. Survey Research ............................................................................... $ 50.00/Hr. Clerical ............................................................................................... $ 40.00/Hr. Accountant ........................................................................................ $ 80.00/Hr. PLUS EXPENSES..... Printing - 24 x 36 ................................................................. $ 1.10 each - 30 x 42 ................................................................. $ 2.10 each - 8-1/2 x 11 ............................................................ $ .15 each Long Distance Telephone Calls ............................................. $ 5.00 each Express Postage ....................................................................... $ 25.00 each Mileage ..................................................................................... $ 0.58 mile Attachment number 1 Page 5 of 8 Item # 33 P-6 August 12, 2011 ATTACHMENT B ² COMPENSATION ² Fee Proposal All following sub-contract work for Outside Services will be marked up 15% Fee Schedules for Additional & Special Services Geotechnical ± SM & E Additional Drilling ...................................................................................................................... $ 17.00/Foot Staff/Field Engineer .................................................................................................................... $ 86.00/Hr. Geotechnical Engineer ................................................................................................................ $ 120.00/Hr. Senior Geotechnical Engineer (P.E.) .......................................................................................... $ 145.00/Hr. Secretarial...................................................................................................................................... $ 45.00/Hr. CADD Services............................................................................................................................. $ 60.00/Hr. 0RELOL]DWLRQRIWUXFNPRXQWHGULJ«««««««««««««««««««««««500.00/Ea. Soil boring wiWK637DWIHHWLQWHUYDOV«««««««««««««««««««««7.00/Foot 7KLQ:DOOWXEHVDPSOH««««««««««««««««««««««««««««86.00/Ea. &RQVROLGDWLRQWHVWV««««««««««««««««««««««««««««««500.00/Ea. Report Reproduction .................................................................................................................. .$ 0.25/Page (Initial three copies at no charge) Special Printing or Blueprinting Charges ................................................................. Actual Cost plus 25% Mileage .......................................................................................................................................... $ 0.85/Mile Overnight Expenses ....................................................................................................... $ 100.00 person/day Attachment number 1 Page 6 of 8 Item # 33 II. SCHEDULE A. 3URMHFWHG1RWLFHWR3URFHHG«««««««««««««««««««««&RQWUDFW'D\ 1 B. Mobilization - Begin in 0 GD\V««««««««««Contract Day 1 C. Preliminary Subsurface Investigation and site survey ² Complete 45 GD\V«««««««.Contract Day 45 D. Design Phase 1. 30% Review Documents ² Complete 45 Days plus City Review 10 Days ............................................................. Contract Day 55 2. 60% Review Documents ² Complete 45 Days plus City Review 10 Days Contract Day 110 3. 90% Review Documents ² Complete 30 Days plus City Review 10 Days Contract Day 150 4. 100% Submittal ² Complete 15 'D\V««««««««&RQWUDFW'D\ 165 SECTION III ² LISTING OF KEY PERSONNEL CONSULTANT shall provide qualified personnel to perform its work. The list of key personnel below, including a designated Program Manager will not change or be reassigned without the written approval of the CITY. Those personnel committed for this work are as follows: ENGINEERING Richard J. Laschober Project Manager, PE Johnson, Laschober & Assoc., PC William Buchanan Civil Project Design Engineer, PE Johnson, Laschober & Assoc., PC Trevor Wimberly Design Engineer, EIT Johnson, Laschober & Assoc., PC Cristo Eclavea Senior Designer, Level II Cert. Des. Prof. - GSWCC Johnson, Laschober & Assoc., PC Kevin Kotellos Registered Architect Johnson, Laschober & Assoc., PC Donald Thorstad Structural Design Engineer, PE Johnson, Laschober & Assoc., PC Curtis Williamson Mechanical Design Engineer, PE Johnson, Laschober & Assoc., PC Ralph Salzmann Electrical Design Engineer, PE Johnson, Laschober & Assoc., PC Darren Prickett Landscape Architect, RLA Johnson, Laschober & Assoc., PC SURVEYING George Godman Professional Land Surveyor George L. Godman & Assoc. SOIL INVESTIGATION Robert Williamson P.E., Branch Manager SM & E Attachment number 1 Page 7 of 8 Item # 33 P-8 August 12, 2011 Attachment number 1 Page 8 of 8 Item # 33 Cover Memo Item # 34 Cover Memo Item # 34 Attachment number 1 Page 1 of 1 Item # 34 Cover Memo Item # 35 Cover Memo Item # 35 UTILITIES DEPARTMEN T Change Order N umber: #3 Date: September 6, 2011 Project Title: MSA-001 Waste Water Connection to Ft Gordon Original Contract Date: Project N umber Owner: Augusta Utilities P.O. N umber: P158511 Contractor: ZEL Engineers The following change order is hereby made to the proposal for the above project: Additional Engineering Services per letter dated April 1, 2011 with attachments. TOTAL AMOUN T OF THIS CHAN GE ORDER $93,775.00 The Contract time will be Increased/Decreased by N/A calendar days as a result of this change. The date of completion including this change order is Original Contract Amount $ 397,632.00 Previous Change Order (Increased / Decreased) $ 235810.45 This Change Order (Increased / Decreased) $ 93,775.00 TOTAL CON TRACT WITH CHAN GE ORDER(S) $ 727,217.45 * * * * * * * * * * * * * Funding Source/Account Number: 507043420 -5212115 /80600040-5212115 Requested By: Date: Engineer Submitted By: Date: Department Head Finance Endorsement: Date: Comptroller Recommended By: Date: Administrator Approved By: Date: Mayor Attachment number 1 Page 1 of 1 Item # 35 Cover Memo Item # 36 Cover Memo Item # 36 STATE OF GEORGIA) COUNTY OF RICHMOND) COST SHARING AGREEMENT THIS Agreement, made the ____ day of _____________, 2011, by and between Walker Hills, LLC, a limited liability company established under the laws of the State of Georgia, hereinafter referred to as “DEVELOPER,” and Augusta-Richmond County, a political subdivision of the State of Georgia, by and through its Utilities Department (AUD), as party of the second part, hereinafter referred to as “AUGUSTA”: WITNESSETH WHEREAS DEVELOPER owns certain tracts of property located in Augusta- Richmond County, Georgia, known now, or formerly, as: 078-0-003-00-0, 078-0-003-02- 0, 078-0-015-00-0, 078-0-014-00-0, 078-0-013-00-0, 078-0-012-00-0, 078-0-011-00-0, 078-0-010-00-0, 078-0-009-00-0, 078-0-008-00-0, 078-0-007-00-0; and WHEREAS DEVELOPER wishes to construct a subdivision development, namely McCoys Creek Subdivision, Section 1; and WHEREAS it is to the benefit of both parties to: (1) extend a 16-inch water main that will serve DEVELOPER’S properties as well as other properties in the area; and (2) construct the control panel for a sanitary sewer lift station, which will serve the development; WHEREAS AUGUSTA, has agreed to construct the water main and sanitary sewer lift station control panel and DEVELOPER has agreed to reimburse AUGUSTA a portion of the construction costs, as stated in Section B of this document; NOW THEREFORE, DEVELOPER and AUGUSTA hereby enter into the following agreement: A. PROJECT SCOPE: AUGUSTA will cause a 16-inch diameter water main to be constructed from Fort Gordon’s Gate 3, across the Gordon Highway right-of-way and onto the property of the Developer, as shown on Sheet 12 of 27, on a Grading and Utilities Plan for McCoys Attachment number 1 Page 1 of 4 Item # 36 Creek, Section 1, prepared by James G. Swift and Associates, dated April 2, 2011, revised May 15, 2011, attached hereto, and to which reference is hereby made. AUGUSTA will also cause a sanitary sewer lift station control panel to be constructed and installed, in the lift station being constructed by DEVELOPER, for the McCoy Creek, Section 1 project. Said construction, shall be constructed consistent with the applicable AUD, AWWA, IFPA codes, Georgia Plumbing codes and any other standards, regulations and requirements pertinent to water mains, and pass all required and recommended testing. B. DEVELOPER’S SHARE OF PROJECT COSTS AND PAYMENT: 1. Prior to construction start by AUGUSTA, DEVELOPER will execute all necessary documents, to donate utility easements to AUGUSTA, on the following properties: 078-0-003-00-0, 078-0-003-02-0, 078-0-015-00-0, 078-0-014-00-0, 078-0- 013-00-0, 078-0-012-00-0, 078-0-011-00-0, 078-0-010-00-0, 078-0-009-00-0, 078-0- 008-00-0, 078-0-007-00-0. Said easements will consist of a 20’ (twenty feet) permanent exclusive easement, running across each property and being contiguous with the northern edge of the Gordon Highway right-of-way. Also included will be a 10’ (ten feet) temporary construction easement running contiguously with the northern boundary of all of the permanent easements. Said easements are indicated with crosshatching on the Grading and Utilities Plan Sheet described in Section A of this document. 2. Upon the completion of construction on the water main, AUD will perform a final inspection to determine that said water main has been constructed to all applicable Standards, Specifications and Codes, and that said water main has passed all required and recommended testing. If AUD determines that said water main is acceptable to AUGUSTA, a final inspection report will be forwarded to DEVELOPER, along with an invoice for the amount of fifteen thousand six hundred and seventy-five dollars ($15,675). Payment from DEVELOPER will be required within thirty (30) days of the date of the invoice. 3. Upon the completion of construction, installation and testing of the sanitary sewer lift station control panel, AUD will forward an invoice for the amount of twenty six thousand two hundred and forty-five dollars ($26,245). Payment from DEVELOPER will be required within thirty (30) days of the date of the invoice. C. STIPULATIONS: Both parties understand and agree to the following: Attachment number 1 Page 2 of 4 Item # 36 This agreement is contingent upon the Augusta Commission approval of the overall project and the Cost Sharing Agreement. The terms “DEVELOPER” and "AUGUSTA” as used herein shall be deemed to mean their respective heirs, successors and assigns, and this Agreement shall inure to the benefit of and be binding upon DEVELOPER and AUGUSTA and their respective heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and their seals on the day and year above first written. Signed, sealed and delivered in the presence of: WALKER HILL, LLC ___________________________ By: _____________________________ WITNESS Larry S. Prather As Its: __________________________ ____________________________ NOTARY PUBLIC _____________ County, State of ___________ My Commission Expires: _____________ [NOTARY SEAL] (signatures continued on next page) Attachment number 1 Page 3 of 4 Item # 36 AUGUSTA-RICHMOND, GEORGIA __________________________ By: ____________________________ WITNESS David S. Copenhaver Mayor Attest: __________________________ Lena J. Bonner __________________________ As Its: Clerk of Commission NOTARY PUBLIC Richmond County, State of Georgia My Commission Expires: __________________ (SEAL) Attachment number 1 Page 4 of 4 Item # 36 Attachment number 2 Page 1 of 1 Item # 36 Cover Memo Item # 37 Cover Memo Item # 37 Quotations for Replacement Falk Gearbox For Goodrich St RWPS #4 Trubine Vendor Gearbox Purchase Cost Delivery Bearings & Drives $165,600.00 26-28 Weeks Motion Industries $140,378.28 26-28 Weeks Prager $145,067.33 14-16 Weeks Attachment number 1 Page 1 of 4 Item # 37 Page 2 of 4 Item # 37 Page 3 of 4 Item # 37 Page 4 of 4 Item # 37 Cover Memo Item # 38 Cover Memo Item # 38 Attachment number 1 Page 1 of 2 Item # 38 Attachment number 1 Page 2 of 2 Item # 38 Attachment number 2 Page 1 of 1 Item # 38 © 2011 RedZone Robotics, Inc. Proposal Date: Expiration Date: May 6, 2011 June 30, 2011 Prepared for: Prepared by: Jody Crabtree City of Augusta, GA 1840 Wylds Rd Augusta, GA 30909 Glen Hill, PE RedZone Robotics, Inc. 803-553-9234 Opportunity Name Opportunity Number GA City of Augusta Solo Purchase Opp-102224 Proposal Type: Budget Pricing – SPECIAL LIMITED TIME INTRODUCTORY OFFERING General Description Solo sale of robots and supporting equipment and services to a municipality/agency RedZone Robotics, Inc. is pleased to submit this proposal for the above mentioned project. RedZone will provide products and/or services as presented in the schedule of values portion of this proposal. Schedule of Values SKU Description UOM Unit count Unit Price Total Price PRD-100 SOLO ROBOTS: Sale of SOLO Robots Ea Robot 4 $38,000 $152,000 PRD-110 DEPLOYMENT TABLET PC: The rugged deployment Tablet will enable you to download PACP header data to the robot, launch the robot, manage deployed robots and review data immediately after inspection. Ea 1 Included Included PRD-111 VAULT COMPUTER: The vault downloads all the data off the Solo robots automatically every night and transmits the data back to your ICOM software. Ea 1 Included Included PRD-112 SUPPORT EQUIPMENT KIT: x Batteries (32) x Chargers (4) x Download cables (4) x Deployment pole (1) x Manhole hangers (5) x Tiger Tails (5) x Maintenance toolkit (1) x Lens domes ( 33 total: 8 installed plus 25 more) x Spare Tethers (8) x Pelican cases (3) Ea 1 Included Included PRD-210 SOLO ROBOT AUTONOMY LICENSE: Autonomy software license for Solo robots purchased. This software enables the Solo robots to inspect complete pipe segments without any remote operation by the crew, while at all times maximizing inspection throughput and safe return of the robot to the insertion manhole Ea License 4 Included Included Attachment number 3 Page 1 of 5 Item # 38 © 2011 RedZone Robotics, Inc. PRD-220 SOLO VAULT DATA-SYNC LICENSE: Solo vault software license for (1) Vault. This software streamlines download of all inspection data from each solo robot at the end of each work day. The transfer is done automatically as soon as the robots are connected without any intervention from the crew. Once downloaded to the vault, the robot Ea License 1 Included Included PRD-230 SOLO DEPLOYMENT TABLET GUI LICENSE: A user friendly Graphical User Interface for setup and deployment of Solo robots. The crew can use this to enter PACP header data or select from a list of pre- populated runs, launch the robot and review inspection footage after a quick wireless download immediately after completion of the run. Crew can add comments and flag images for immediate review via email. Ea License 1 Included Included SVCE- Tier1 SILVER LEVEL SERVICE: Covers service related matters not addressed in warranty, during warranty period, as per the terms of the Tier I Silver level service offering (see attachment) Per Year Subscri ption 1 Year Included Included SVCE- Sync4 PLATINUM LEVEL SYNCHRONIZED DIAGNOSTIC SERVICES: Includes 1 year subscription for following services: x Daily email with robot footage summary x Project based footage/performance information x Robot health based metrics info x Pipe debris info x Monthly project management summary Per Year Subscri ption 1 Year Included Included PRD-290 STANDARD 1 YEAR WARRANTY: Per Year 1 Year Included Included ICM-500 STANDARD TRAINING: 1 Day Setup and Training Per Session 3 Included Included Payment Terms 50% upon signing, 50% upon delivery: Net 30 from invoice Attachments: x Warranty x Extended maintenance and support options Proposal Notes: 1. This is a limited time introductory offering that is extended based on availability. 2. This pricing does not include extended payment term municipal financing. 3. This pricing does not include any applicable taxes or state specific fees 4. The client is responsible for shipping fees 5. Warranty period commences at the date of receipt of Solo robots 6. Service matters during warranty period not covered in warranty language will be covered under terms of Tier I Silver service agreement unless otherwise indicated 7. Post-warranty services contracted at initial purchase agreement will be discounted 15% Attachment number 3 Page 2 of 5 Item # 38 © 2011 RedZone Robotics, Inc. Thank you for your consideration of RedZone Robotics, Inc. This proposal is intended solely for the consideration of the addressee. Client signatures below will be regarded as an intent to contract pending formal approvals Signature:_____________________________________ Name: _______________________________________ Title:_________________________________________ Date:_________________________________________ Attachment number 3 Page 3 of 5 Item # 38 © 2011 RedZone Robotics, Inc. WARRANTY AND SUPPORT Support Telephone support Monday through Friday, 8AM to 5PM EST Standard Hardware Warranty REDZONE ROBOTICS INC. ("REDZONE") warrants that all Solo Robots manufactured by REDZONE shall be free from defects in material and workmanship under normal use and service for which it was intended for a period of twelve (12) months from the date of shipment of materials by REDZONE to the purchaser. REDZONE's obligation under this warranty is limited, at REDZONE's option, to repairing or replacing, free of charge, any defective materials returned, subject to the following conditions: A single Solo Robot may be returned for factory warranty service a maximum of four (4) times during the warranty period. All parts (some exclusions apply*), labor and return freight (FedEx Standard Overnight service), from the REDZONE designated service facility, are included free of charge. For services beyond the 4th factory service, only defective parts & labor, exclusive of wear parts are covered, free of charge, under warranty replacement. For replacement of wear parts, labor will be billed at 8 hours minimum at $90/hr. Wear parts will be replaced at list prices. Return freight (FedEx Standard Overnight service) will be included for non-wear part warranty service. For all warranty claims, the materials must be returned in accordance with REDZONE Material Return Policy. Deployment equipment, such as deployment computer, batteries, battery chargers, etc., furnished, but not manufactured by REDZONE, will be covered only under the warranty of the third party manufacturer of such equipment. Expendable parts, such as tether, lens domes, LED domes, straps, etc., are excluded from this warranty. Purchaser must notify REDZONE of a breach of warranty not later than the last day of the warranty period; otherwise, such claims shall be deemed waived. REDZONE does not warrant the materials to meet the requirements of the safety codes of any federal, state, municipal or other governmental or administrative jurisdiction. Purchaser assumes all risk and liability whatsoever resulting from the use of its products, whether used singly or in combination with other products, machines or equipment. This Warranty shall not apply to any materials, or parts thereof, which have; (a) been repaired or altered by anyone other than REDZONE without REDZONE's written consent; (b) been subject to misuse, abuse, negligence, accident, or damage; (c) not been installed or operated in accordance with REDZONE's printed instructions, or; (d) been operated under conditions exceeding or more severe than those set forth in the specifications of design tolerance of the equipment. THIS WARRANTY AND THE OBLIGATION AND LIABILITIES OF REDZONE HEREUNDER ARE EXCLUSIVE AND IN LIEU OF (AND PURCHASER HEREBY WAIVES) ALL OTHER WARRANTIES, GUARANTEES, REPRESENTATIONS, OBLIGATIONS, OR LIABILITIES, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS WHETHER OR NOT OCCASIONED BY REDZONE'S NEGLIGENCE. REDZONE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING, DIRECTLY OR INDIRECTLY, FROM THE USE OR LOSS OF USE OF THE MATERIALS, OR FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ECONOMIC LOSSES, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF BUSINESS OPPORTUNITY. Without limiting the generality of the foregoing, this exclusion from liability embraces Purchaser's expenses for downtime or for making up downtime, damages to property, and injury to or death of any persons. REDZONE neither assumes nor authorizes any person (including employees, agents, or representatives of REDZONE) to assume for it any other liability, guarantee, or warranty in connection with the sale or use of the materials, and no oral agreements, warranties, or understandings exist collateral to or affecting this warranty. This warranty shall not be extended, altered, modified, or waived except by a written instrument signed by REDZONE. * Part Exclusions 100-3383-01 Tether Passive Guide, 100-3384-01 Tether Passive Outlet, 100-3385-01 Encoder Drum, 100-3514-01 Tether, 200- 0044-01 Studded Drive Pulley, 200-0086-01 Tracks, 200-0109-01 Levelwind Axel, 200-0110-01 Levelwind Carriage Attachment number 3 Page 4 of 5 Item # 38 © 2011 RedZone Robotics, Inc. POST WARRANTY SUPPORT OPTIONS: Attachment number 3 Page 5 of 5 Item # 38 Cover Memo Item # 39 Cover Memo Item # 40 Cover Memo Item # 41 Cover Memo Item # 42 Attachment number 1 Page 1 of 7 Item # 42 Attachment number 1 Page 2 of 7 Item # 42 Attachment number 1 Page 3 of 7 Item # 42 Attachment number 1 Page 4 of 7 Item # 42 Attachment number 1 Page 5 of 7 Item # 42 Attachment number 1 Page 6 of 7 Item # 42 Attachment number 1 Page 7 of 7 Item # 42 Attachment number 2 Page 1 of 1 Item # 42 Cover Memo Item # 43 Cover Memo Item # 44